Raid at KMart in Houston

 

Rachael Golden / Chronicle This no-trespassing sign on a Sonic Drive-In's property frames the Westheimer Kmart parking lot where a police raid early Sunday led to the arrests of 278 people. Police also arrested 25 others for criminal trespassing early Saturday at a James Coney Island in the vicinity.

"I don't see how they can call it trespassing when we were eating at the restaurant," she said. "We kept trying to explain that to police but they would not let us."

Coello's complaint is similar to that of dozens, if not hundreds, of people arrested at a Kmart and Sonic Drive-In in the 8400 block of Westheimer just after midnight Sunday.

In that incident, dozens of police -- led by Aguirre and again targeting illegal drag racing -- raided the businesses' parking lots about 12:30 a.m. Several officers said that when no evidence of drag racing was found, Aguirre ordered the arrests of the 278 people gathered there.

Those arrests prompted complaints that police failed to discriminate between loitering teens and legitimate customers when making arrests.

Straughan said James Coney Island has received about 50 customer complaints about the arrests, and the company believes that the police violated their agreement with the restaurant.

"We signed a trespass affidavit that said `James Coney Island requests on our behalf that the Houston Police Department requests all persons who are not patrons in the normal course of business to immediately leave the property or be arrested,' " Straughan said, quoting the agreement.

But no one had the opportunity to "immediately leave," Straughan said.

"From what we have learned, nobody that HPD arrested was asked whether they were there as a customer," he said. The police "just showed up, blocked off entrances, and arrested everybody."

Straughan declined to comment on Aguirre, but he said the company plans to file a complaint with the Police Department. Officials with Kmart did not respond to calls for comment.

Police spokesman Robert Hurst said Wednesday that he couldn't speak about Straughan's concerns because police are investigating Sunday's arrests in the Kmart parking lot. Hurst declined to say whether the incidents at James Coney Island would be part of that investigation.

As police and the district attorney's office attempt to sort out Sunday's mass arrests at Kmart and Sonic Drive-In, local defense lawyers say such raids are "arrest them first and ask questions later" situations that leave room for many legal challenges.

Lawyers questioned whether the no-trespassing signs posted before the arrests are sufficient warning for a criminal trespassing arrest.

"When you have got 400 kids in a parking lot, signs are obscured," said Chip Lewis, a Houston defense lawyer. "The best notice would have been to give them formal citations. There was no reason for this to come to this many arrests."

Citations would have provided adequate warning that arrests could follow, said lawyer Anthony Osso.

"It is extremely indicative of the mentality of whoever was in charge that when they had the option of giving a citation in lieu of arresting someone, they chose to make arrests," Osso said. "Those arrests were unnecessary."

Several lawyers interviewed Wednesday said those who pleaded guilty after their arrests Sunday can request a trial, arguing that their pleas were made under duress. Many of those who pleaded guilty, some of whom were teenagers, said they did so to avoid spending another night in jail.

"They were still under the shock that many of them were arrested without just cause," said Osso. "If you have never been in trouble before, and you believe the police are there to protect you, you will plead if they say you can get out."

Members of City Council said Wednesday that they had received many e-mails and phone calls regarding the weekend arrests and that the public seems outraged about the operation.

"You have young kids whose lives are now forever marked by having been arrested for criminal trespassing ... in what seems like it wasn't an appropriate endeavor," said Councilman Gabriel Vasquez.

Councilman Gordon Quan said he was worried about young people having to report the arrests when applying to college or for jobs.

"We could have resolved this with citations more easily," Quan said. "I'd like to see if there's any way that possibly can be changed."

Mayor Lee Brown said he has asked the city's Office of Inspector General to speed up its investigation.

"They are looking at all aspects of what happened that night," Brown said. "There are still a lot of questions."

Chronicle reporter Kristen Mack contributed to this story.