Officer Involved Shooting

Brent McCain filed this request with the Waco Police Department of Waco, TX.
Tracking #

P082170-060623

Est. Completion None
Status
Fix Required

Communications

From: Brent McCain

To Whom It May Concern:

Pursuant to the Texas Public Information Act, I hereby request the following records:

I request all body camera video from the officer involved shooting on 3 June 2023 @ approximately 15:17 s at 3204 North 20th in Waco, Texas. Involved or individuls present during the shooting are Cassandra Page and the dog, Finn.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Brent McCain

From: Waco Police Department

Dear Brent McCain,

Thank you for your interest in public records of the City of Waco. Your request has been received and is being processed in accordance with Chapter 552 of Texas Government Code, the Public Information Act. Your request was given the reference number P082170-060623 for tracking purposes.
Records Requested: To Whom It May Concern:

Pursuant to the Texas Public Information Act, I hereby request the following records:

I request all body camera video from the officer involved shooting on 3 June 2023 @ approximately 15:17 s at 3204 North 20th in Waco, Texas. Involved or individuls present during the shooting are Cassandra Page and the dog, Finn.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Brent McCain

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Michelle Hicks
City Secretary
City of Waco

From: Waco Police Department

--- Please respond above this line ---

Brent,
It appears you have 2 requests asking for the body cam for 3204 N. 20th.  I am going to combine them. I will close this one out as a duplicate and the city attorney will respond to W82165.
Christina

From: Brent McCain

Christina, while I can appreciate combining the two requests, I fail to see a valid reason for the city attorney to intervene in my request. The body cams were already released to the public and, as stated in my follow-up, since the records have already been released to the general public, they MUST be released to me as requested.
. DISCLOSURE TO SELECTED PERSONS A. General Rule: Under the Public Information Act, Public Information is Available to All Members of the Public The Public Information Act states in several provisions that public information is available to “the people,” “the public,” and “any person.”123 Thus, the Act deals primarily with the general public’s access to information; it does not, as a general matter, give an individual a “special right of access” to information concerning that individual that is not otherwise public information.124 Information that a governmental body collects, assembles or maintains is, in general, either open to all members of the public or closed to all members of the public. Additionally, section 552.007 prohibits a governmental body from selectively disclosing information that is not confidential by law but that a governmental body may withhold under an exception to disclosure. Section 552.007 provides as follows: (a) This chapter does not prohibit a governmental body or its officer for public information from voluntarily making part or all of its information available to the public, unless the disclosure is expressly prohibited by law or the information is confidential under law. (b) Public information made available under Subsection (a) must be made available to any person.125 If, therefore, a governmental body releases to a member of the public nonconfidential information, then the governmental body must release the information to all members of the public who request it. For example, in rendering an open records decision under section 552.306, the attorney general would not consider a governmental body’s claim that section 552.111 authorized the governmental body to withhold a report from a requestor when the governmental body had already disclosed the report to another member of the public.

I also ask that all charges be either waived or reduced as the requested information is in the public interest.

Brent

From: Waco Police Department

--- Please respond above this line ---

Brent,
City legal told me send all these requests to them. I am just doing what I am told. Have a good day.
Christina

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