Page 39 - TPA Journal July August 2022

152, I could hear a male subject yelling. I stopped 5. Officer Shannon, Sergeant Jared Latta
my vehicle and asked the man if he was alright. The and Chief Kevin Ratliff arrived on scene a
subject yelled at me “slow the fuck down”. I short time later. Ratliff placed Nutt in
immediately noticed the Subject to be speaking handcuffs and I notified him that he was
with slurred speech. under arrest for Public Intoxication. I
transported Nutt to the Llano County jail
2. I presented my officer’s badge and asked and booked him in without further incident.
the man his name, which he refused to give.
He then asked for my name. I told him that The report did not mention any of the facts
my name was Grant Harden, that I was an surrounding Nutt’s arrest. During trial, Investigator
officer with the Llano Police Department Schumacher testified that prosecutors rely on
and that I was on my way to an officer‘s offense reports, in part, to determine what charges
call for emergency assistance. The might be warranted and also to determine if the
man said something that was unintelligible. police engaged in any unlawful behavior that might
I also noticed that the male was staggering result in evidence being suppressed. Schumacher
heavily as he walked. The male was clearly said that there were omissions in Harden’s offense
intoxicated. I told the man to go inside his report and discrepancies between what was in the
RV, due to my need to leave the area. I then report and what was captured on the recording from
left. Shannon’s body cam. He explained that there was
no mention of the interaction between Nutt and the
3. After providing assistance to Officers officers while he was in his home or of Appellant
Shannon and Idol, I returned to the RV entering Nutt’s home and escorting him out without
park. I stopped behind the intoxicated a warrant and without consent. Also, the report
male’s RV in order to get his license plate listed no witnesses even though “some civilians
number, in an attempt to identify him. I did involved . . . witnessed the event,” including
not see the male and thought that he had Britton and Schutte. The failure to mention the
probably retreated into his RV for the night. witnesses was a “significant” omission. Further,
The license plate on the RV and the pickup Appellant signed the report as the supervisor and,
truck parked next to it were both registered therefore, approved the report. He said that he
to a CORY DON NUTT (DOB: could not think of a reason why Appellant would
12/1/1978). As soon as I had received this not ensure that the report accurately chronicled the
information, Nutt stepped out of the events if he genuinely believed that the arrest was
shadows and began speaking to me. I asked legal.
him his name, but he refused again. He then
said to me “get out of the truck bitch”. Lisa Bujnoch also testified that “[t]he purpose of
an offense report is to account in an incident for
4. Given Nutt’s slurred speech, inability to everything that happens from the beginning to the
walk without staggering and the fact that he end . . . whether it’s good or bad” because “the
had chosen to begin using profane language offense report is the first document that . . . the
in a public place, I made the decision that prosecuting attorney sees in order to determine
Nutt may be a danger to himself or others. what charges are appropriate, if any.” She said that
I decided that Nutt was to be arrested for offense reports “should be very comprehensive”
Public Intoxication. I exited my vehicle and and “should include witnesses that may or may not
requested a patrol unit for assistance. have information, both for the prosecutor and for

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