GROVES — An arbitrator has ruled a Groves police officer did not use excessive force in an incident last year when dealing with a naked man high on PCP.

The ruling by arbitrator Paul Chapdelaine states veteran officer John Rabalais be reinstated to the rank of patrol sergeant and also receive all compensation and benefits lost as a result of his demotion.

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“We certainly are not surprised by this decision but are pleased by it,” said Texas Municipal Police Association attorney Greg Cagle, who represented Rabalais, via phone Wednesday.

Groves City Marshal Norman Reynolds Jr. said he is pleased in the manner in which the investigators conducted themselves throughout this process, and, under the same circumstances, would handle a similar situation in the same transparent manner again.

“We must not abandon our compassion for those who have made poor choices. Law enforcement’s obligation to protect and serve has never been limited to our law abiding citizens,” Reynolds said in a prepared statement. “I am hopeful that some lessons have been learned during the course of this process that will benefit both our community and department in the future. The Groves Police Department will never tolerate the abuse or excessive use of force of anyone in our custody and hold every officer accountable under this administration’s command.”

The incident

At about 2:40 a.m. Aug. 6, 2017, the Port Arthur Police Department received calls of a naked man fighting with people at the Raceway gas station on Twin City Highway. That was followed by a call saying the man had moved on to the parking lot at Jack-in-the-Box and was headed toward McDonald’s.

At that time all of Port Arthur Police Department’s on-duty officers were on other calls so Groves was asked to help. Groves sent Rabalais and three other officers.

“The Man,” as he was called in the court proceedings, was lying in the gravel median on Twin City Highway just north of Texas 73 making “snow angels” and was heard on audio from the incident saying “spread your wings and fly.”

As officers approached, Rabalais and two others drew their Tasers — the fourth officer was not carrying one. The suspect suddenly jumped up while flapping his arms, lost his balance and fell backward in a sitting position, according to court documents.

Then, without hesitation, the suspect jumped to his feet and “moved aggressively in the direction” of Rabalais. That’s when Rabalais and two of the officers deployed their Tasers. The suspect then froze and fell forward on the pavement of the street.

Seconds later the suspect rolled to his side, revealing a cut above his right eye. He was then told to roll onto his stomach and place his hands behind him, which he did.

The officer without the Taser noted the cut and called for an ambulance — stating that the man had a head injury and although the call was from GPD, the man was actually in Port Arthur’s jurisdiction.

Now, with hands cuffed behind his back, probes and wires from three Tasers were still connected to his body. Over the next few minutes the suspect would attempt to sit up and each time one or more officers triggered their Taser. But, as seen on the dashboard camera video, the man complied when told some instructions such as “roll over.”

A PAPD officer and emergency medical service technicians arrived at the scene and, after the PAPD officer called his own sergeant, declined assistance from the EMS technicians and took custody of the suspect. He was brought to an emergency room and treated for a laceration above his eye and spent about 30 minutes at the hospital. He was then charged with public intoxication.

The following day, two Groves sergeants noted the incident and notified Reynolds, who felt an investigation was needed.

Rabalais was notified of his demotion Oct. 20, 2017 for “unacceptable conduct as a patrol sergeant” during the incident.

Two sides

The city, according to the document, believes Rabalais used or authorized the use of excessive, unnecessary and unreasonable force when he tased, or directed or permitted other officers to tase, the suspect after he was handcuffed.

By not directing others to stop, Rabalais violated the requirement for a supervisor to take corrective action, his accusers said.

Rabalais’s attorney noted that none of the officers present for the entire incident testified force used during the incident was excessive or that any unlawful orders were given.

In addition, the officers believed if the suspect had been allowed to get up he would have presented a danger to himself or to them and they believed the use of the Taser was the safest and most effective way to have handled the situation.

Findings

The arbitrator ruled the officers were correct in their use of the Taser.

Further, Chapdelaine said the Taser activations were in response to the suspect trying rise up.

Chapdelaine added nothing in the document should be viewed as criticism of the efforts taken by the GPD, city of Groves or any elected officials or employees. He also said the incident should have been investigated.

“I sincerely hope that everyone involved in this matter will move forward collaboratively and with continued dedication and commitment to serving the needs and interests of the citizens of Groves,” the arbitrator said.

The arbitration hearing was held April 17-18 and July 17-20.