Description: Hephzibah Olivia Lord, age 36, sued Dallas homicide detective Dwayne Thompson on civil rights violation theories under 42 U.S.C. See full summary . He eventually learned about my arrest, and he was so bothered by what he read that he never called me again. He said that Lundberg had told him that Rastegar had wavered a little bit in his statement but that Lundberg had also let him know that the gist was the same and nothing substantively had changed from what he had already written in his affidavit. As one Dallas County prosecutor put it, They can, even for the most well-intentioned of reasons, get too focused on making an arrest at the detriment of the true story., Mitchell began evaluating Thompsons case against Lord. Thompson thanked John and told him he would be back in touch. I hope you die in jail and burn in hell!. Jaffe said that he and Burnside had been drinking earlier that evening. Thompson started his career in law enforcement as a corrections officer in a maximum-security prison in South Carolina. Merritt had an uncanny knack for catching killers. No, said Quinton, Thompson hadnt mentioned either of those things. Lord was charged with murder a month after her boyfriend shot himself. Dwayne Thompson and Kim Sanders are both grizzled veterans of the Dallas police homicide unit. Thompson asked if there was any chance that Jaffe had been carrying on a secret relationship with Lord. Another detective, Dwayne Thompson, charged into the interrogation room. Thompson has still destroyed my life and hes still out there working cases. Its so ridiculous. Texas Lege Watch: A House Republican Fights for Chicken Freedom, Texas Monthly Recognized by ASME in the 2023 National Magazine Awards. Burnside told her that he was under financial stress, having to pay both his mortgage and his income taxes. Thompson stormed out of the room and asked Lundberg to see what he could get out of Lord. | Sign In, Verdict Corrections S8, Ep2 8 Jan. 2009 It was a stupid fight., Jaffe paused. Thompson told Rastegar to go to the station and make an official recorded statement, which Thompson later used to obtain an arrest warrant charging Lord with murder. Shelby County District Attorney General Amy Weirich said he brought thousands of offenders to justice, bringing closure to victims and their families. She helped him with his finances, reminding him to pay his bills and to keep his spending in line. I loved my boyfriend.. As Lord hugged Tittle and members of her family, Thompson stood at the defense table, his mouth open. Burnsides family and friends were caught off guard by the lawsuit. And now that he had a witness who was going to provide bombshell testimony about what had really happened that night, he was ready to go to trial. Thompson is the one whos gotten away with the crime., Lord told me that she was not surprised to hear that the police departments Public Integrity Unit had ignored the civil jurys verdict and cleared Thompson. It found that two particles characteristic of primer gunshot residue had been discovered on the back of Burnsides right hand and that one particle characteristic of primer gunshot residue had been discovered on the back of Lords left hand. She was Miss Right as far as he was concerned, Jaffe replied. Ive talked to her many, many times, and if she is lying about what happened, shes a hell of an actress, said one friend, Eric Love. He noticed that there was a chemical odorit smelled like bleach, he would later sayon her clothes. If I discover anything that substantiates what I believe, Im going to charge you with murder., He glared at her for a moment. For more information, see Michael Lowes Things to Know if You are Being Investigated for a Crime in Texas and our blog postSalinas v. Texas: Your Silence During Police Interrogation Does Not Get 5th Amendment Protection, Can Be Used Against You As Evidence Of Guilt To The Jury.. Shed given her telephone to her aunt, who was screening her calls. She claimed that Thompson show a reckless disregard for her rights in having Plaintiff arrested in 2010 for the shooting death of her . In August, three months after the shooting, Shearin requested an examining trial, a legal procedure in which a police officer must appear in a magistrates court to lay out the probable cause for the arrest of a suspect in a felony case. In his opinion, it was perfectly plausible that in the heat of the argument with Burnside, she had taken his pistol, slipped up behind him, and pulled the trigger. The towels had been on the floor to soak up the water that had spilled when the dishwasher valve broke. Brian, we got a problem, Thompson said. She works at a clothing shop, making $14 an hour, far less than what she was earning when she was in the mortgage business. Thompson returned to headquarters and took the elevator to the homicide offices on the fifth floor. Dallas Detective Dwayne Thompson hunts for a band of carjacking killers that are terrorizing a neighborhood. You did! When Thompson asked why he didnt immediately tell that story to the police, Rastegar replied that the uniformed officers who first arrived at the scene had rudely ordered him to go back to his home before he had a chance to say anything. And the bullet had exited toward the top of the left side of Burnsides head. He allowed a few seconds to pass. Lord explained again and again that while she was in the bathroom, her boyfriend shot himself (they had been fighting, he was drunk). On May 14, five days after the shooting, Lord finally left her mothers house to attend Burnsides funeral with her family and friends. Chasing a trail of clues, Thompson and the Dallas homicide team are always one step behind their suspect. She had started dating Burnside, the co-owner of a company that retrofitted homes to make them energy-efficient, about a year earlier. Why the bottles of cleaning products and the bloody towels? By that time, Lord was working as a loan officer, and although they were both romantically involved with other people, they were clearly attracted to each other. Yes. Comments: Editor's Note: Plaintiff will probably file an application for attorney's fees and costs, which will be substantial. Who do you think you are? Toward the end of the year, he finally saw the video recording of Rastegars interview at police headquarters. Individuals have a right to counsel when they are being questioned, this is part of the Miranda warning. Facebook gives people the power. Thompson repeatedly asked Lord during the interview why she waited seven minutes to call 911 after trying to reach a friend of Burnsides by phone. If the detectives thought they had noticed the smell of chemicals on her, it must have come from the paint thinner and the floor stripper that she and Burnside had been using that day. He saw no high-velocity blood spatter. She told Thompson that she too had been drinking that night, a mix of vodka and sweet tea. Five years later, Lord clearly remains tormented by that conversation, haunted by the idea that she might have said something that pushed her boyfriend into committing an impulsive act that no one could have imagined him doing. For someone to say Dwayne maliciously would go after Miss Lord and try to set her up, I would say, You have the wrong guy, said Andrea Handley, one of the offices senior prosecutors. On the floor was a pool of blood along with bloody towels. When Michael Burnside was found dead in his Dallas home four years ago, detective Dwayne Thompson decided that the victim's girlfriend, Olivia Lord, had pulled the trigger. On July 15, the Public Integrity Units report landed on the desk of Dallas police chief David Brown. Or he mistakenly pulled the trigger thinking the Beretta was unloaded., Jaffe shook his head. "It was a good experience," Thompson says, "It kind of launched me into police work." But she never did: she kept saying that she loved her boyfriend, that they were happy together, and that he had taken his life for reasons she could not imagine. Im a person who just lost her boyfriend, Lord wailed. Or maybe Mikey did it, Jaffe said. He also had run up some debt: he owed a rental car company money for crashing one of its vehicles, and he had received letters from the IRS demanding that he pay more than $50,000 in back taxes. No, said Lord. I mean, she got no-billed. Hed been as tall as Thompson, with a lean, athletic build. In 2008, when the producers of The First 48, a reality series on the A&E network about homicide detectives in big-city police departments, came to Dallas to film some episodes, they were riveted by Thompson. After being honorably discharged, in 1991, while stationed at Fort Sill, Oklahoma, he joined the Dallas police. Seriously, does anyone believe this story that Olivia tells about being in the bathroom and hearing something that sounded like glass breaking in the kitchen? After the First 48 (2008- ) More at IMDbPro. Comments are moderated and these will not be published. Can you possibly understand how I feel?. He insisted that what Rastegar told him in the homicide office was the same and consistent with what he said out on the porch. There was no sign that he had struggled with an assailantno bruises or scratches on his skin, no scuffed knuckles. Outcome: Plaintiff's verdict for $800,000.00. Was there a chance he was involved in the shooting? Thompson and Lundberg started talking. You realize, dont you, that if I didnt have money from my family to fight back, I could have been wrongfully convicted, fighting this from prison. She said Burnside had been drinking heavily, and at some point, in the midst of the fight, he had walked into the kitchen and shot himself. Thompson sat in another chair and asked about Burnside. I do believe you killed him. Something happened there tonight, and it doesnt make sense., The only thing I can think of is that he was careless sometimes with guns, Jaffe said. Thats the exact type of case that might have been portrayed on The First 48, right? Tittle asked. (Jaffe had been drinking Shiner Bock, and Burnside had been having Red Bull mixed with vodka.) Nor did Burnsides parents invite her to the reception. Sometimes I want to walk inside, thinking he will be there. Lundberg said that there was a gunshot wound to his right temple, a contact wound where the muzzle had been pressed directly against his head, which is common in suicides involving a handgun. If you have or may be questioned by the police, know your rights. She was wearing a blue T-shirt and gray sweatpants, her knees stained with blood. Her parents hired an attorney named Joe Shearin, a former guard for the University of Texas Longhorns who had played in the NFL before becoming one of Dallass most prominent criminal defense lawyers. Physical evidence can be more baffling than conclusive. Another particle had been discovered on the front of Lords shirt. The lawsuit claimed that Thompson had violated Lords civil rights by engaging in malicious prosecutionin particular, that he had intentionally misrepresented the facts about Burnsides shooting and omitted significant exculpatory information that would have proved Lord innocent of any wrongdoing. There was no way a person with an IQ above 65 could have concluded that Olivia had shot Michael.. Lundberg walked into the interview room, pulled his chair close to Lord, and played the role of the good cop. Lord was slumped over in a chair, still wearing her blood-stained clothes. As for Burnsides relationship with Lord, Jaffe said, It was one of those old-school-type things. Several months later, when he called Lord to refinance his home, their other relationships had ended. Perhaps sensing that the jury had turned against the detective, Jason Schuette, another attorney for the City of Dallas, resorted to a surprise tactic in his final arguments. You shot him!, Olivia, youre not telling me the truth., Youre arguing about a goddamn birthday party, and he says, Im so upset about the goddamn birthday party that Im going to kill myself? Thompson said, his voice growing louder. Wearing a black dress and black heels, Lord came into the courtroom, followed by her friends and family. She grew up in the Dallas area and after graduating from high school, she went straight to work, leasing apartments for a large real estate company and later selling cosmetics at Neiman Marcus in NorthPark Center. Texas law enforcement officers (troopers, police officers, deputies) arrest people then interrogate them and take people into interrogation rooms for questioning as part of crime investigation routinely. . An officer came over to Thompsons cubicle and handed him Lords and Jaffes cellphones. He walked into the kitchen and nodded at Dale Lundberg, a detective who was on call that night to work as Thompsons backup. Do I want to know an answer? In that small house, she mistook the sound of a pistol shot for a glass falling to the floor? And now you have this thing where he was spending a lot of money on his friend, but he didnt spend near as much money on your birthday. He stabbed the photo of the victim with his index finger. Her voice shook when she spoke. She fell to her knees and said it was an accident and that she didnt mean to shoot him. What do you guys think? You did! (For a more complete description of the interrogation, check out Dallas Morning News coverage from the day that the jury was shown the interrogation videotape.). He thought he had a mild case of COVID-19. All prosecutors know that almost every murder case contains inconsistent and sometimes contradictory evidence. And whats really frightening is that Thompson could come back after me, plant some new fake evidence, and arrest me for murder again. At Christmas, you thought you were going to get a ring. Because that is the only thing that makes sense.. And, yes, she said, she had grown irritated when she heard Burnside and Jaffe talking about the birthday party. She told her parents that Thompson had brutalized her. Burnsides parents say that they still cannot believe that their son took his own life. Forrest Wilder writes about politics and the outdoors. I believe that with all my heart.. Thompson misrepresented any of the facts that were provided by Witness Rastegar and that there were no signs of a criminal offense. Indeed, the report continued, Thompson did have probable cause to arrest Suspect Lord.. Her fight for justice here began around 3 years ago and ended with last weeks jury verdict. The Dallas City Council on Wednesday approved a settlement of more than $1 million to a . She needed pills to go to sleep. West Texans Are Learning What It Means to Live in Bear Country, Jimmy Carters Peanut-and-Egg Taco Made Quite the Impression on San Antonians, The Top 50 Texas BBQ Joints: 2021 Edition, The Campaign to Sabotage Texass Public Schools. For her part, Lord said that she would gladly give up any money in return for Thompsons being sent to prison. He said that he couldnt handle disappointing me on top of all the financial stress and tax problems that he was enduring.. Chasing a trail of clues, Thompson and the Dallas homicide team are always one step behind their suspect. When the lab report on the gunshot residue was completed, it wasnt much help either. We loved our life together.. A Dallas County grand jury declined to indict Hephzibah Olivia Lord on a murder charge in connection with the 2010 death of Michael Burnside in his home. She called Thompsons interrogation of her a mental rape and characterized her days in jail as torture. Even now, she said, she felt like an outcast, afraid to go out in public. We were joking around about somethingI dont remember whatand I said, Hey, wheres your Beretta? And he opened up [a kitchen drawer] and said, Its right here.. The report could be interpreted several ways: Maybe, as Shearin believed, after Burnside had pulled the trigger, some of the gunshot residue had been transferred onto Lord when she held him in the kitchen. . Add a bio, trivia, and more. These laws are especially important when those being questioned are already emotionally reeling from the events themselves like Ms. Lord who first dealt with the discovery of her boyfriends body, calling 911 for help, and that loss then to face questioning by police while vulnerable and upset like Lords being questioned by Thompson as if she had committed a crime for several hours. But after her arrest, Lord read The Count of Monte Cristo, the Alexandre Dumas novel about a wrongfully imprisoned man who seeks revenge against those responsible for his imprisonment, and she memorized one of the books famous lines: May the god of vengeance now permit me to punish the wicked! That was her goal, she said. I grabbed him and held him.. Strapped around. Burnside died from a gun shot wound from a 9 mm Beretta handgun. Lord could hardly look at him. He then asked them to ride down to Dallas police headquarters in separate squad cars to give their statements. Or maybe the two had struggled for the gun before it went off, leaving residue on both of them. A few days after the funeral, Lord called Burnsides brother to ask if she could retrieve some of her belongings from the house. The detective was 47 years old and built like a linebacker at six feet two inches and 230 pounds. Thompson wanted to find out if Lord, under such heated questioning, would crack. The detectives in charge of the investigation had concluded that there was no evidence to substantiate that Det. Lord told her friends and family that Burnside definitely liked to have a good time. I cant say unequivocally whether the young woman did or didnt do the shooting because I wasnt there., At the same time, Mitchell and other prosecutors in the DAs office were not convinced Thompson had committed any serious wrongdoing. Thompson had also told him that he believed there was blood spatter from the gunshot on Lords clothes, which meant that she could not have been in the bathroom at the time of the shooting, despite what Lord had said in her interview. The trial finally began in a federal courtroom in downtown Dallas this past Januarynearly four years after the shooting. His blood must have dripped off her clothes. How Florence ButtNot Her SonLaunched the H-E-B Empire. Who do you fing think you are?. Cameras followed him as he solved a murder case in which the body was never found. Jaffe called Thompson back the next day and said that he had reached Lord. But Sunday night, the deadly virus claimed his life. A bullet hole was in a wall near the ceiling. Lord seemed shocked. HEPHZIBAH OLIVIA LORD He is a Democrat representing District 96 in the Tennessee House of Representatives . There was another, longer silence. Testimony continues Friday, during which Lord may take the witness stand. Dwayne Thompson has spent over 18 years with the Dallas Police Department. But Detective Thompson couldnt or wouldnt accept that. Tittle said that Thompson allowed a screenplay [of the shooting] in his mind to take over. And thats a dangerous, dangerous thing if youre a homicide detective with the Dallas Police Department., Lord took the stand and was overcome with emotion as she described her love for Burnside. That doesnt mean they kill themselves.. He then worked for a not for profit organization called "One Community" that's premise is to be a middle man between law enforcement and civilians. Lord hired Don Tittle, a high-profile Dallas lawyer who specializes in civil rights litigation, to file a lawsuit against Thompson, which he did in late 2011. February 2023 Reader Quiz: What Did You Learn? According to Thompson, Rastegar said he had been in bed during the early morning hours of May 9 when he heard screaming in Burnsides front yard. Im innocent, Lord kept saying. Lord has just been awarded $800,000 in a jury verdict from a Dallas jury that has found Lord to be the victim of false arrest. Tittle then had the jurors watch Thompsons interview with Lord and Lundbergs interview with Rastegar. Scattered around the floor were a few bottles of household cleaning products. January 2023 Reader Quiz: What Did You Learn? You were very disappointed. Hephzibah Olivia Lord, distraught and sobbing, sat across from Detective Dwayne A. Thompson in the Dallas Police Departments interview room several hours after her boyfriend had died from a gunshot wound to the head. He remains convinced that he got a raw deal at the civil trial and that Tittle played the video of his interrogation of Lord only to plant in jurors minds the idea that he was an intimidating black man taking advantage of a grieving, attractive white woman. Political career [ edit] In 2014, Thompson ran for election to represent District 10 in the Tennessee House of Representatives, but lost to Republican incumbent Steve McManus. Olivia kept saying, I wasnt going to leave him. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Your email address will not be published. The jury determined Friday that Dallas homicide Detective Dwayne Thompson showed a reckless disregard for the civil rights of 36-year-old Hephzibah Olivia Lord. She did her own interviews, speaking, for instance, with a firefighter who said he believed he had accidentally kicked the gun away from Burnsides body. Alternative . And, Thompson guessed, she had wiped down her hands and arms with the towels he had seen on the kitchen floor. But, said Lundberg, there was no sign of blood spatter on Burnsides right hand or arm. Lundberg paused again. And if the young man had shot himself, wouldnt the gun have landed closer to his body? Lord called 911, and police came. As Tatia Wilson, one of the City of Dallas attorneys representing Thompson, explained to the jury in her opening statement, Sometimes homicide detectives may make mistakes in their evaluation of the evidence. She was so hysterical he could not understand what she was saying. | Link Errors Do I feel an overwhelming feeling of guilt because I may have provoked something? His voice got even softer. They had not laid eyes on each other since he had interrogated her. In Lords case, while she was arrested by Dallas police it was soon shown that there was no murder; her boyfriend had committed suicide. The officer identified him as Brian Jaffe, a thirty-year-old civil engineer who had been Burnsides best friend since high school. Based on what we see, it looks like you got upset and shot him. Lord, who is now 37 years old, still lives in the same apartment, and she has barely spent any of the money she won in her lawsuit. Her father, who lived in Californiahe and Lords mother had divorced when she was a childflew in to be with her. I did not kill my boyfriend. Thompson picked up his cellphone and called Burnsides father, John, a successful Dallas business analyst. He often said that victimology was the most overlooked part of a homicide investigation even though it could help explain whether a suspect was guilty or innocent. On May 11, 2011, in the case of Texas v. Lord, the grand jury returned a no bill. Anonymous | Editor The judge ruled that there had been probable cause to arrest Lord, though the testimony in the examining trial did little to prove or disprove Lords guilt. But those mistakes do not amount to malice., Tittle, however, wasted no time going on the attack, telling the jury in his opening statement, There is not and was not a shred of credible evidence to suggest that Olivia Lord had anything to do with Michaels death. When Dallas Detective Dwayne Thompson checks out a missing persons apartment and finds it covered in blood, he's launched into one of the strangest cases in his career--a case that he must solve without the victim's body. He can go so far as to lie to a suspect to try to obtain a confession. And even if he took a shortcut or two, he adds, he didnt hide or invent evidence. A citizen filing a lawsuit for false arrest must prove that the officer acted with malice, which is difficult to do. Will detectives be able to catch the killers before they strike again? But Tittle said the evidence simply did not point to that conclusion. Filing in behind him were at least a dozen of his fellow homicide detectives, there to show support. Lord explained again and again that while she was in the bathroom, her boyfriend shot himself (they had been fighting, he was drunk). She had volunteered at an AIDS hospice. Then Shearin got his big break. But a Dallas County grand jury later declined to indict her. Chasing a trail of clues, Thompson and the Dallas homicide team are always one step behind their suspect. When Thompson took the stand, he seemed utterly likable as he described his history as a detective. She claimed that Thompson show a reckless disregard for her rights in having Plaintiff arrested in 2010 for the shooting death of her boyfriend, Mcihael Brunside. (As he said in one interview for The First 48, Bringing stuff back to life is whats up, Jack.) He taught classes at the Dallas Police Academy, and a private training agency hired him to lead seminars on detective work around the country. Weve been detectives for a long time, and we understand that sometimes things happen and we cant always control the situation, he said. I work cases because thats what I get paid to do., Tittle asked Thompson why he didnt seem particularly disturbed that Burnside was drunk and had showed off his Beretta on the night of the shooting. And then Thompson pounced. . Thompson stared at a copy of Burnsides drivers license. Shearin paid a visit to Reade Quinton, the medical examiner who performed the autopsy on Burnside, to ask him why, just prior to Lords arrest, he had changed his ruling about the cause of death from pending to homicide. Quinton replied that Thompson had informed him about the statement made by Rastegar. He took her to dinner, and the date lasted the entire weekend. And youd say, you know, Thats not a toy., Jaffe said that Burnside had pulled out a gun that night. Then Tittle fired back. Thompson studied Lord and Jaffe for a moment, then walked over to them. After going through perfunctory questions about what happened that night, Thompsons voice boomed without warning. Maybe he got dramatic and put the gun to his own head and said to Olivia, To hell with all this, Im just going to end it now. And then, accidentally, he pulled the trigger. | Privacy Statement. Olivia, youre not telling me the truth, Thompson told her. He called the tone and line of questioning a formula for a false confession. And Sanders questioned why Thompson did not read Lord her right to remain silent after the point in which he clearly considered her a murder suspect during the interview. In the taped interrogation, the detective asks Lord some general questions about what happened on the night that her boyfriend died then Thompson changed things up. It was Lundberg, who had gone to Parkland to examine Burnsides body. But Lords attorney, Don Tittle, said the detective was wrong that police records show she called 911 immediately after trying to reach the friend. Had she touched her boyfriends gun? When he finished, he left a packet of evidence that hed compiled for the grand jurors to peruse, including the results of two polygraphs that concluded that Lord had not shown deception when she said she had not shot Burnside. Not only that, Sanders also pointed out Thompsons failure to read Ms. Lord her Miranda rights including specifically her right to remain silent after it was clear that Thompson considered Lord to be a suspect in a crime. These actions are allowed constitutionally under their police powers; however, what can happen during a police interrogation is supposed to follow certain legal requirements and more often than not, they are undertaken while being recorded via video or audio. I wasnt going to leave him., She then told me something she had not mentioned before. Lord was 33 years old and worked as a loan officer for a mortgage company. Whats more, she didnt want him to go to Las Vegas for a bachelor party. The detective told him that he was doing what he could. "You look at that. Reddit - Dive into anything. See production, box office & company info. But she maintained her innocence and claimed Thompson was the one who should go to prison. City attorneys are defending him, saying he acted in good faith and without malice. He asked her about some of the puzzling physical evidence that had been found at Burnsides home the night of the shooting. Shearin went to see Brandi Mitchell, a prosecutor with the Dallas County district attorneys office who was in charge of the Burnside case, and claimed that Thompson had perjured himself. Rastegar ran outside and asked her what had happened. Olivia, everyone we talked to said one consistent thing about Michael: that he loved life., He did love life. The First 48 (2004- ) In Dallas, when a good Samaritan is gunned down trying . The case was then sent to the Internal Affairs division for an administrative review. If the review, which is ongoing as of press time, finds that Thompson violated departmental policies, he could be fired, suspended, or demoted. W.D. Lundberg gently brought up the bloodied towels in the kitchen, asking if she had used them to wipe blood off her body. He had on a dark fedora, a dark suit, a white shirt with a tie, and dress shoes. I want him brought down.. . He studied the call histories on the phones and took some notes. Police questioned Lord at the police station and then released her. Yes, the video of him interviewing her is pretty rough, and it looks like he comes across as a bully. But we at least have the right to know that. Jos R. Ralat is Texas Monthlys taco editor, writing about tacos and Mexican food. Strapped around his shoulders was a thick brown leather holster that held his department-issued pistol, a 9mm Sig Sauer. 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