Some say it's abuse of power by police

LEXINGTON, Texas (KXAN) - About an hour away outside of Austin sits the quiet, rural Lee County community of Lexington. With a population less than 2,000, crime is nearly non-existent and attendance at city council meetings is normally low.

But on Feb. 9, the meeting hall was packed. Some stepped up to the microphone to offer praises about the Lexington Police Department.

"If I thought the city was in a bad situation I wouldn't be working here,” said Bob Carey, a reserve officer with the LPD. “I'm working for free.”

Others spoke out for the first time, detailing accusations against Lexington police.

"One [problem] is racial profiling and the other is abuse of authority by an overzealous police officer," said Sam Scoggins.

KXAN reporter Erin Cargile investigates

Six weeks before the meeting, KXAN Austin News started asking questions about a stack of complaints claiming abuse of power in the police department.

For example, one woman who worked in a local store said Lexington Police Chief Randy Davenport made 15 to 20 sexual remarks to her at work in the fall of 2009 -- at one point asking her over to his hot tub, clothing optional. At the time she did not want to take legal action, but had a Giddings attorney mail a letter to Mayor Robert Willrich . In the letter, the attorney stated the woman wanted her complaint documented in the chief's personnel file and requested an investigation.

Written complaints were requested from the city, but on several occasions the mayor said, “I've never received any complaints in writing."

Interview with the Lexington mayor

When KXAN Austin News interviewed the mayor Feb. 17, he was shown a copy of the letter sent by the woman.

“You've never seen this? This is a letter addressed to you and your office,” KXAN reporter Erin Cargile asked. 

"This complaint I did receive and somewhere in my office I probably have a copy of this,” Willrich answered. 

He did not have a copy. When KXAN looked inside Davenport's personnel file during the KXAN investigation -- a file the chief keeps in his own office at the police station -- the letter was not there.

The mayor said the complaint was discussed at a council meeting and investigated. However, council members asked about it did not recall the discussion, and the city secretary has not been able to find a record of it in the meeting minutes.

When the mayor was asked about the outcome of the investigation, he referred KXAN Austin News to the chief.

"I will say those allegations were false,” said Davenport. "I did say she could come over to my hot tub, but there's more to that. Look, she was stressed out. I did say, ‘Look, I'm hardly ever home, if you want to go back there and do whatever in that, feel free."’ 

What was found in Davenport's personnel file was a page of typed responses to a reference check done before he was hired in Lexington in March 2008. The sheriff in a county he worked for near Houston said if given a chance, he would not re-hire Davenport. At the time, he was an investigator with the Colorado County Attorney's Office. The sheriff said Davenport would often retrace and edit his deputy’s investigations and come up with conflicting statements.

“There were times it appeared [Davenport] was trying to have personal affiliations with female suspects being investigated," he also said.

But at the Feb. 9 council meeting in Lexington, the county attorney whom Davenport worked for spoke in his defense.

"I think any jurisdiction who has him as their chief is well served," said Julian Moore, former Colorado County attorney.

Alleged falsified FEMA tests

The complaints go beyond Davenport's alleged flirtations. Former Lexington police officer Jimmy Fritcher told the council while he was on the force, Davenport took three online Federal Emergency Management Agency certification tests for him in 2007 and 2008 that were supposed to help prepare him for emergency situations. Fritcher thinks he was not the only one.

"He handed us a piece of paper with letters on it -- answers to the FEMA test,” Fritcher told the council. “He handed it to us and we read off the letters. Next thing you know we were FEMA-certified."

If true, FEMA said the officers’ certificates can be yanked, they can be banned from future classes and the unethical conduct will be reported to the city so they can take appropriate action.

Davenport denied taking the test, and only said he helped Fritcher.

"I didn't take the test for him,” said Davenport.

When asked why he would come out with an accusation like that, Davenport said, “Because he was a disgruntled employee."

Fritcher said he was forced to resign in 2008. The chief said that came after a series of citizen complaints.

At the council meeting Feb. 9, council members voted unanimously to put a committee together to review all the claims. The mayor appointed five people to the police review board:

• council member William Langehennig and Mayor Pro-Tem Tim Brown
• and three citizens – Kerry Quinney, Angela Brower and