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6 Investigates: Alice Questionable Arrest
Posted: Jan 15, 2013 5:34 PM by Andrew Ellison - aellison@kristv.com
Updated: Jan 15, 2013 6:50 PM
ALICE - We have more details on an Alice man who says he was arrested just for recording police officers with his cell phone.
Last month, Gabriel Cabrera, used his phone to record a traffic stop along Hwy 44.
Officer Nicholas Juarez approached Cabrera and asked him for his I.D., and then arrested him when he didn't turn it over.
In the video, Juarez says, "Let me see your I.D. sir, because if this ends up on YouTube or something."
It's not illegal to record a police officer, but that's exactly what Cabrera's attorney, Christopher Dorsey, says he was arrested for.
"I think the video speaks for itself. I think when you have an officer obviously saying I don't want this to end up on YouTube, that tells us he's being arrested for video taping the police," Dorsey says.
Dorsey cites the Texas Penal Code, which says someone can only be charged with failure to identify if they're already under arrest, and Cabrera was not.
Officer Juarez has been placed on leave while Alice Police investigate the case.
Dorsey says police won't release any information to him because the case is under internal investigation.
"I don't even have a police report," he says.
But we do.
In the report, Officer Juarez says he wanted to identify Cabrera as a witness to an arrest, but no where in his report does he mention that he doesn't want the video on YouTube.
Bottom line is that's what he says in the video, but not what he says in the report.
We tried to contact Alice Police for an update on their investigation, but they did not return our calls.
Click here to read the officer's arrest report.
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