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Andrew Blomberg, Ex-Houston Police Officer, Not Guilty Of Beating Chad Holley, Teen Burglary Suspect

By JUAN A. LOZANO 05/16/12 09:27 PM ET AP

Andrew Blomberg
In this Thursday, May 3, 2012 file photo, Andrew Blomberg, an ex-Houston Police Officer, looks into the audience before his trial for beating a teenage burglary suspect in the Harris County Criminal Justice Center in Houston. (AP Photo/Houston Chronicle, Nick de la Torre)

HOUSTON — A jury's acquittal Wednesday of a former Houston police officer in the alleged beating of a 15-year-old burglary suspect during a videotaped arrest upset black community leaders who criticized the verdict as unjust and racist.

Andrew Blomberg, 29, was the first of four fired police officers to stand trial for their roles in the alleged beating of Chad Holley during a daylight arrest on March 2010. The incident involving the black teen, now 18, prompted fierce public criticism of the Police Department by community activists who called it another example of police brutality against minorities.

Blomberg fought back tears after the verdict was read, then hugged his attorneys and started to cry as he embraced his parents. He could have faced up to a year in jail if convicted of official oppression, a misdemeanor that alleged Blomberg as a public servant intentionally mistreated Holley by kicking him.

"This is the only thing I've ever wanted to do in my entire life," Blomberg said, referring to being a police officer. "And I'm just glad this part is finally over."

He said he will "take a deep breath" before deciding whether to pursue another job in law enforcement.

During his trial, Blomberg, who is white, testified that he didn't mistreat Holley and denied kicking or stomping on the teen's head or neck. He said he only used his foot to move Holley's arm after he refused to comply with an order to put his hands behind his back.

Jurors declined to comment after the verdict.

Community activists who were gathered in the hallway outside the courtroom yelled "Racism!" and "Injustice!" after hearing the outcome.

"It is pathetic. It is unacceptable," the Rev. James Dixon of the Community of Faith Church said of the jury's decision. "This kind of expression says to me, to my children and to every black child in the city, `Your life is not worth manure.'"

Quanell X, the community activist who had released the video of the alleged beating to the media, called the verdict "wrong" and criticized the lack of blacks or other minorities on the six-person jury.

"They knew what they were doing with an all-white jury," he said.

Blomberg denied that his actions during the arrest were racially motivated. To those who insist Holley was treated a certain way because of his race, Blomberg said, "They weren't out there that day."

His attorney, Dick DeGuerin, also said "it is not and was not a racial thing."

"It's been made into that by others for their own reasons," he said.

Asked why there weren't any blacks or minorities on the jury, DeGuerin said most of the African-Americans in the jury pool had already made up their minds that Blomberg was guilty.

Harris County District Attorney Pat Lykos said while she respectfully disagreed with the jury's decision, she also accepted it.

"Our prosecutors conducted themselves with professionalism and dedication to the pursuit of justice. We are prepared to go to trial on the remaining three cases," she said in a statement.

The other officers also are charged with official oppression. Two of them face another misdemeanor as well: violating the civil rights of a prisoner. Their trial dates have not been set.

"They will never again be Houston police officers whatever the verdict is in the criminal trial," said Houston Mayor Annise Parker, who disagreed with the verdict.

Holley testified that he didn't resist arrest and that he briefly lost consciousness during the incident with the officers.

At trial, Blomberg's attorneys told jurors he was next to Holley for less than four seconds before running off to help another officer. The defense also pointed out that Blomberg was accused of kicking Holley on the left side of his head but that photos presented at trial showed the teen's injuries were on the right side of his head.

In the video footage from a security camera, which jurors were shown in court, Holley is seen falling to the ground after trying to hurdle a police squad car. He's then surrounded by at least five officers, some who appear to kick and hit his head, abdomen and legs.

Prosecutors told jurors Blomberg kicked Holley several times and Houston Police Chief Charles McClelland Jr. testified that he believed Blomberg kicked and stomped on the teen.

Defense attorneys countered he was only trying to secure a potentially armed suspect. Several officers testified supporting Blomberg's claim that Holley was resisting arrest.

Blomberg and the officers told jurors that before arresting Holley, they had been told the teen and several other suspects were potentially armed and dangerous participants in a series of bold daytime burglaries.

The defense tried to portray Holley as a gang member and Blomberg told jurors he thought at the time of the arrest the teen might have been in a gang. Holley denied being a gang member.

Holley was convicted of burglary in juvenile court in October 2010 and placed on probation.

A federal lawsuit Holley filed against Blomberg, the other fired officers and the city of Houston is pending.

See More Photos:
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  • In this Thursday, May 3, 2012 file photo, Andrew Blomberg, an ex-Houston Police Officer, looks into the audience before his trial for beating a teenage burglary suspect in the Harris County Criminal Justice Center in Houston. In closing arguments Tuesday, May 15, 2012, Harris County District Attorney Clint Greenwood told jurors that the former Houston police officer accused in the videotaped beating of a 15-year-old burglary suspect did not act with the honor expected of someone in his position. (AP Photo/Houston Chronicle, Nick de la Torre)

  • In this Thursday, May 3, 2012 file photo, Chad Holley demonstrates where he put his hands when he was confronted by Andrew Blomberg and other ex-Houston Police Officers, during a courtroom hearing in the Harris County Criminal Justice Center in Houston. In closing arguments Tuesday, May 15, 2012, Harris County District Attorney Clint Greenwood told jurors that former Houston police officer Andrew Blomberg, accused in the videotaped beating of the 15-year-old burglary suspect, did not act with the honor expected of someone in his position. (AP Photo/Houston Chronicle, Nick de la Torre)

  • In the security camera footage of Holley's arrest, he can be seen face down on the ground surrounded by at least five officers who appear to kick and hit his head, abdomen and legs. (AP)

  • A group of Houston Police officers stand outside the 174th District Court during a break in the trial against former Houston Police officer Andrew Blomberg Tuesday, May 15, 2012, in Houston. Blomberg is accused of participating in the videotaped beating of a 15-year-old burglary suspect. (AP Photo/Houston Chronicle, Brett Coomer)

  • Former Houston police officer Andrew Blomberg sits in the courtroom during his trial Tuesday, May 15, 2012, in Houston. Blomberg is accused of participating in the videotaped beating of a 15-year-old burglary suspect. (AP Photo/Houston Chronicle, Brett Coomer)



FOLLOW CRIME

HOUSTON — A jury's acquittal Wednesday of a former Houston police officer in the alleged beating of a 15-year-old burglary suspect during a videotaped arrest upset black community leaders who cr...
HOUSTON — A jury's acquittal Wednesday of a former Houston police officer in the alleged beating of a 15-year-old burglary suspect during a videotaped arrest upset black community leaders who cr...
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HUFFPOST SUPER USER
Leto II
Shredding my binders full of liberals.
09:06 PM on 06/13/2012
This is a hilarious story. This kid got caught again!

http://abclocal.go.com/ktrk/story?section=news/local&id=8700095
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HUFFPOST SUPER USER
Leto II
Shredding my binders full of liberals.
09:03 PM on 06/13/2012
Black kids never learn.

http://abclocal.go.com/ktrk/story?section=news/local&id=8700095
HUFFPOST SUPER USER
katgal1232
in and out of the garden he goes
10:31 AM on 05/27/2012
At least he is not a cop anymore. We have only a legal system, not a justice system, the jury is invalid, all white. They would not have let me on that jury. It is racist to have an all white jury period. Once another man starts kicking other human beings when they are helpless there is no going back and that cop is an out an out liar about it not being race. Can the Houston PD say steroids?
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SimpleOne
Keep your theology out of my biology
09:28 AM on 05/20/2012
You know if you're out committing burglaries and suddenly find the police surrounding you perhaps you should simply give up.
10:29 PM on 05/19/2012
Houston. What do you expect?

R-
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dayzee10
Are you a master builder or a master butcher?
10:22 PM on 05/19/2012
I agree it wasn't a racial thing......it was a power and abuse thing
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HUFFPOST SUPER USER
Leto II
Shredding my binders full of liberals.
09:03 PM on 05/19/2012
Holley should be happy that he was beat by a bunch of cops. If it weren't for the police brutality, he would have gotten more than just probation. It was a freaking home invasion! He should be jail.
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HUFFPOST SUPER USER
urfree2speak
Justice though the heavens fall
08:57 PM on 05/19/2012
Interesting comments on here, the problem is that as more and more "bad" blacks are "punished" (abused) the closer the whites are to becoming victims of the same abuse.
In other words, crap flows downhill.
Right now its mostly "blacks" Mexicans and pregnant white women, soon everyone will be treated like "the Blacks" `
06:12 PM on 05/19/2012
people, including police officers should never kick people in the head as they can cause death or damage to the brain and eyes. Its so uncool to do this. Training must be taught to go around this. Stop all the kicking! It really is attempted murder with a deadly instrument.
This user has chosen to opt out of the Badges program
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02:36 PM on 05/19/2012
Of course he was acquitted...Houston? Texas? A Cop?
10:24 AM on 05/19/2012
how can i share on twitter/fb?
10:20 AM on 05/19/2012
just a test, why doesnt share comment on facebook/twitter works?
10:18 AM on 05/19/2012
"They will never again be Houston police officers whatever the verdict is in the criminal trial," said Houston Mayor Annise Parker, who disagreed with the verdict.

Stupid...
HUFFPOST SUPER USER
balamo
08:06 AM on 05/19/2012
seems like a seriously weak trial judge to allow such a kangaroo court to reach such a verdict...one more instance of an out of control racist police force to add to the list...
09:49 AM on 05/19/2012
What's racist about it? Maybe he just doesn't like thugs of any color
HUFFPOST SUPER USER
katgal1232
in and out of the garden he goes
10:43 AM on 05/27/2012
His job does not include beating people that are subdued, that is quite simple. He is from TX and a cop, so it is almost a given that he is a racist. Even just man to man, if one is subdued the one that continues is what most call a wu$$ and a disgrace in any environment. .
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HUFFPOST SUPER USER
robertinonanob
Hey it's dark in here. Who turned out the lights?
11:40 PM on 05/18/2012
Well as sad as this is at least the Mayor should some leadership in saying those involved will never be officers in Houston again.

Sadly this guy will probably come out here to Orange County CA where they will encourage and foster his jack boot mentality. and shape him into a true Nazi.

Just sad sad sad.