Cumby police chief accused of excessive force

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  • Sabastian Wade shows injuries he claims he received in the custody of Cumby Police Chief Paul Robertson. While injuries sustained during resisting arrest are common, but Wade claims Robertson used too much force for the situation as Wade was already handcuffed, he said. The News-Telegram requested body camera footage to substantiate or deny these claims, but Cumby Police petitioned the Attorney General to withhold the footage.
    Sabastian Wade shows injuries he claims he received in the custody of Cumby Police Chief Paul Robertson. While injuries sustained during resisting arrest are common, but Wade claims Robertson used too much force for the situation as Wade was already handcuffed, he said. The News-Telegram requested body camera footage to substantiate or deny these claims, but Cumby Police petitioned the Attorney General to withhold the footage.
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Wade: 'I had the cuffs on the whole time'

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“I have thoughts that my world is less safe,” says Sabastian Wade, 26, of Sulphur Springs.

According to Wade, he experienced excessive force during a March 7 arrest at the hands of Cumby police Chief Paul Robertson.

Robertson’s official arrest report does not note excessive force. With the legal process in limbo due to COVID-19, the News-Telegram examined both claims.

ROBERTSON’S STORY

On March 7 at approximately 6:36 p.m., Wade’s official arrest report stated Robertson checked a male subject through records who was walking near the 100 block of Depot Street in Cumby. Dispatch advised an outstanding warrant out of Hopkins County for possession of drug paraphernalia, and at that time, Robertson conducted a patdown search, the arrest report read.

Robertson was placing Wade in handcuffs when Wade “began to pull and push away,” and “while Mr. Wade was resisting, Chief Robertson had to force Wade to the ground to be able to take him into custody,” the arrest report read.

The arrest report was not written by Robertson, but by another Cumby PD officer who Robertson called to the location to transport Wade to jail.

Wade was booked in by the Cumby PD officer on his original warrant as well as resisting arrest, search or transport, records indicate. His bond was $2,000, and he was released from the Hopkins County Sheriff ’s Office jail the next day after paying $313.

Robertson declined to comment further on Wade’s arrest to the News-Telegram, stating the matter was “already in the courts.”

WADE’S STORY

On March 7 at 6:36 p.m., Wade said he had just awoken, as he sleeps days and works the night shift. He stated he was planning to barbecue with family on his day off in the 200 block of Commerce Street in Cumby and stated he walked to the Family Dollar on Depot Street. However, he said, the store did not have the supplies he was looking for, so he continued on to the I-30 Fastmart. At that point, he claims, he walked past Robertson, who was at the City of Cumby maintenance barn.

After obtaining supplies for the family party at I-30 Fastmart, Wade said he returned down Depot Street, this time on the opposite side of the street from Robertson. Wade said Robertson called him over, allegedly because Robertson stated Wade’s music was too loud and Robertson could hear profanities as Wade sang along.

“He called me over to him because he said I was cussing while I was singing, and I probably was,” Wade said. “I should have talked to him from across the street. But I didn’t have it in my mind to ignore him or disagree with him, I gave him respect because he’s police.”

Wade said Robertson told him he could not cuss in public and asked for Wade’s ID. Wade said he told Robertson he believed it was not illegal to swear in public, and Robertson told Wade to place his hands behind his back.

“When he put the cuffs on, he put the cuffs on tight and told me to be quiet, so at that point I was scared,” Wade said.

Wade said Robertson checked Wade’s identification. During this time, Wade said he was humiliated as he sat with his pants falling down in front of a crowd gathering at the Family Dollar. Robertson also checked Wade’s girlfriend’s name, Wade said.

“When he ran my girl’s name, when he came back, it was World War III,” Wade said.

Wade said he believes this is because Wade’s girlfriend is caucasian and Wade is black.

“His whole demeanor changed,” Wade said. “He was already being aggressive with the cuffs and pushing me around, …but when he ran her name, he came back tripping.”

At that point, Wade said, Robertson forced him to the ground, which the narrative corroborates. This is when he sustained the majority of his injuries, he said. He said he called out for help to bystanders. He admits he swore at Robertson.

“How could I be resisting?” Wade asked. “I was already cuffed, since the beginning. That’s the worst I’ve ever been treated in my life by law enforcement. …I’ve never been handled like that.”

He refers to what Robertson allegedly did as “really yanking on me.” The force used was disproportionate, Wade claims.

“I smoke cigarettes. I am not an athlete,” Wade admits, claiming Robertson was too rough.

Robertson is a competitive bodybuilder, according to his social media, whereas HCSO jail records mark Wade as 6-foot, 3 inches in height, 163 pounds with a “small” build.

Wade stated during the jail book-in process, an SSPD officer present noticed and commented on his physical state. The SSPD officer confirmed to the News-Telegram that this conversation occurred, stating, “He [Wade] looked like you would look after a resisting [arrest].”

The jail book-in report notes injuries to Wade’s wrist, knees, face and collar bone. When asked if he was afraid someone might hurt or kill him, Wade told jail book-in staff he was afraid of Cumby PD, the report notes. He also told jail staff he was afraid he would lose his job due to the arrest, according to the report.

On March 9, one day after being released from custody, Wade took photos documenting fresh wounds on his face, chest and knees and shared them on social media with an account of his arrest which matched the account he gave to the News-Telegram, although it cannot be certified that these are injuries were sustained while in Robertson’s custody.

LEGAL

On March 11, the News-Telegram completed a public information request with Cumby PD for body camera footage as well as any other audio or video recordings from Robertson and the Cumby officer who booked Wade into jail in an attempt to verify Robertson’s and Wade’s accounts.

On March 18, the City of Cumby sent a letter to the Texas Attorney General requesting the body camera footage be withheld from the News-Telegram, stating the release of the footage would “likely result in other parties questioning or harassing possible witnesses, complainants and law enforcement officers about the facts of this case…and would hinder effective law enforcement efforts.”

On April 23, the Attorney General ruled that the City of Cumby did not need to release body camera, audio or video recordings of Wade’s arrest as it is part of an ongoing investigation. The Attorney General ruled the City must release the details of Wade’s arrest to the News-Telegram. HCSO fulfilled this request on May 5.

AFTERMATH

Wade said he is now confused about how he fits into his world.

“I always thought, if it’s a police, if it’s a teacher, if it’s a coach, …if they tell you to do something, you should do it. That’s just how it lays. Period,” he said.

Wade said he still feels positively about other law enforcement agencies—especially the Sulphur Springs Police Department—but is unsure who to trust going forward.

And, said Wade, he’s begun to experience mental health symptoms. He’s having trouble sleeping, he said. He’s on the lookout for the Cumby police wherever he is, and his girlfriend has noticed he spends too much time watching documentaries about police violence, he said.

Mental health professional Lauren Lane of Bright Star Counseling said that if Wade’s account of his experience with Robertson is true, these could be signs of Post Traumatic Stress Disorder.

“With paranoia, if it’s real, it’s based in a real fear, watching documentaries seems like seeking validation and is normal,” Lane said.

But, said Lane, “The behavior all hinges on if it really happened.”

“This has me messed up. I don’t feel safe out here,” Wade said. “Before this happened, I felt invincible and invisible to the world. I wasn’t recognized, and I wasn’t judged. As a black man, I knew it [police violence] existed in the world, but it didn’t exist to me.”

And, said Wade, he’s searching for answers.

Wade has been previously arrested and incarcerated, dating back to 2016 for offenses such as open container in a motor vehicle, possession of marijuana and no driver’s license. In all, he’s had 13 charges, for which he served 75 days or more at HCSO jail. But according to Wade, he’s done his time and is now on the straight and narrow.

“For something like this to happen, after I’ve been out of that world, it’s kind of a slap in the face,” Wade said. “I know it ain’t God punishing me, because I’ve kept good with the Lord. I ask myself these questions all night and all day. When I was at Hopkins County, I sat there with anger in my soul. I didn’t even know what time it was. When I made trustie, I had forgotten what sweat felt like. That life is not for me, and for him [Robertson] to put something on me that I know ain’t me, I don’t want to go to jail for it.”