March 30, 2009 12:18 PM

Cop Sorry For Keeping Man From Dying Kin

(CBS/AP)  A police officer apologized for a traffic stop involving an NFL player whom he kept in a hospital parking lot and threatened to arrest while his mother-in-law died inside the building.

Officer Robert Powell also drew his gun during the March 18 incident involving Houston Texans running back Ryan Moats in the Dallas suburb of Plano.

On Friday, Officer Powell issued a statement exclusively to CBS 11 News in Dallas-Fort Worth through his attorneys.

"I wish to publicly and sincerely apologize to the Moats family, my colleagues in the Dallas Police Department, and to all those who have been rightfully angered by my actions on March 18, 2009. After stopping Mr. Moats' vehicle, I showed poor judgment and insensitivity to Mr. Moats and his family by my words and actions. With great remorse I accept my responsibility for adding to their grief in an already difficult time.

I have attempted to reach Mr. Moats to express my personal condolences directly to his family and my regret about my actions. While these efforts have been unsuccessful so far, I hope we can talk soon.

Again, I am very sorry for what I did and ask for the forgiveness of all those touched by these unfortunate events."

Dallas police say public response to the incident has been enormous, CBS 11 News reports.

Though the police chief and the department apologized Thursday, indignant calls keep pouring in. Hundreds of complaints have come in from across America and even one reportedly from Germany.

Dallas Police Chief David Kunkle apologized to the family and announced that Powell would be on paid leave pending an internal investigation.

"When we at the command staff reviewed the tape, we were embarrassed, disappointed," Kunkle said. "It's hard to find the right word and still be professional in my role as the police chief. But the behavior was not appropriate."

Powell, 25, a three-year member of the force, stopped Moats' SUV outside Baylor Regional Medical Center at Plano after Moats rolled through a red light.

Police officials said Powell told his commanders he believed he was doing his job, and that he drew his gun but did not point it. Kunkle said Powell was not necessarily acting improperly when he pulled his weapon out, but that once he realized what was happening should have put the gun back, apologized and offered to help the family in any way.

"His behavior, in my opinion, did not exhibit the common sense, the discretion, the compassion that we expect our officers to exhibit," Kunkle said.

Moats' wife, who was in the car along with other relatives, said Powell pointed his weapon at her.

"He was pointing a gun at me as soon as I got out of the car," Tamishia Moats told The Dallas Morning News.

Ryan Moats told KRLD-FM in Dallas in a phone interview Thursday that after the officer pointed the gun at his wife, he pointed it at him. "I just tried to stay as still as possible to not scare him or do anything to make him react," he said.

He earlier told the newspaper he thought Powell should be fired but backed off that in his radio interview.

"All I know is what he did was wrong," Moats said. "He stole a moment away from me that I can never get back. I'm really not the judge on what should happen to him."

The Moats family did not immediately return messages left by The Associated Press. Powell did not respond to requests for comment through the Dallas police union.

Video from a dashboard camera inside the officer's vehicle, obtained by Dallas-Fort Worth station WFAA-TV, revealed an intense exchange in which the officer threatened to jail Moats.

He ordered Tamishia Moats, 27, to get back in the SUV, but after pausing for a few seconds, she and another woman rushed into the hospital. She was by the side of her mother, 45-year-old Jonetta Collinsworth, when she died a short time later from breast cancer.

"Get in there," said Powell, yelling at Tamishia Moats as she exited the vehicle. "Let me see your hands!"

"Excuse me, my mom is dying," Tamishia Moats said. "Do you understand?"

Ryan Moats explained that he waited until there was no traffic before proceeding through the red light. When Powell asked for proof of insurance, Moats grew more agitated and told the officer to go find it.

"My mother-in-law is dying! Right now! You're wasting my time!" Moats yelled. "I don't understand why you can't understand that."

As they argued, the officer got irritated.

"Shut your mouth," the officer said. "You can either settle down and cooperate or I can just take you to jail for running a red light."

A nurse told the officer that Moats's mother-in-law really was dying, reports CBS News correspondent Mark Strassmann. Powell's response? "I'm almost done here."

By the time the 26-year-old NFL player received a ticket and a lecture from Powell, about 13 minutes had passed. When he and Collinsworth's father entered the hospital, they learned Collinsworth was dead.

Earl Jackson, Collinsworth's father, said he knew what Powell was doing was wrong. "This guy, he wouldn't listen to nobody," Jackson said in an interview with Dallas-Fort Worth station KDFW-TV.

Moats said he wouldn't have had a problem with the officer giving him a ticket after letting him go into the hospital.

"I don't know what he was thinking," he told KRLD-FM. "Basically, I was just shocked. I was very shocked that he wasn't budging on it. I even said I can't believe that this was happening."

Kunkle said the video showed that Moats and his wife "exercised extraordinary patience, restraint in dealing with the behavior of our officer."

"At no time did Mr. Moats identify himself as an NFL football player or expect any kind of special consideration," Kunkle said. "He handled himself very, very well."

The Moats family, who are black, said they can't help but think that race might have played a part in the white officer's behavior.

"I think he should lose his job," Ryan Moats said.

When the exchange was at its most contentious, Powell said he could tow Moats' SUV if he didn't have insurance and that he could arrest him for fleeing because he didn't immediately stop when Powell turned on his sirens. The pursuit lasted a little more than a minute.

"I can screw you over," Powell said. "I'd rather not do that. Your attitude will dictate everything that happens."

The ticket issued to Moats was dismissed, Dallas police spokesman Lt. Andy Harvey said.

Texans spokesman Kevin Cooper said the team had no comment.

Moats, a third-round draft choice of the Philadelphia Eagles in 2005 out of Louisiana Tech, was cut by the Eagles in August and later signed with the Texans. In three seasons as a backup, he's rushed for 441 yards and scored four touchdowns.

He was a standout at Bishop Lynch High School, a private school in Dallas, rushing for more than 2,600 yards and 33 touchdowns as a senior.

Local Video from CBS 11 / TXA 21 in Dallas/Fort Worth



© 2009 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Add a Comment See all 244 Comments
by ekucrew March 30, 2009 2:42 PM EDT
Now it's coming out Officer Powell had a run in with another NFL player's family member. This loose cannon wote five tickets on Zach Thomas' wife a few months back after she made an illegal U-turn. He cuffed herna dshe sat in the cooler for three hours.

Put Powellt on street patrol with a SR officer for one year. His patrol area should be Irving Blvd / Levee Road...THEN we'll see just how tough he is!!
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by tomadams99 March 30, 2009 8:17 AM EDT
Clearly, the apology is appropriate providing it is actually heartfelt, and not being offered to protect employment. Acceptance is up to Mr. and Mrs. Moats. That being said, it is very interesting that he suddenly has a change of heart when the lack of compassion, and his poor judgement/common sense is highlighted. I strongly suspect the displayed attitude by the policeman is the norm for that department rather than unusual. There are few cops anymore who demonstrate true allegiance to the communities they are sworn to "protect." They view themselves as untouchable and everyone must do as they say...even though they are wrong more than right. Over the years, I have lost complete respect for police departments and their pack of bullies.
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by cepe10-2009 March 30, 2009 8:07 AM EDT
For any of you who think rolling through a red light is illegal, next time a traffic control waves you through an intersection, make sure you charge yourself.
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by cepe10-2009 March 30, 2009 8:05 AM EDT
It was very early in the morning with little to no traffic...

It was close to the hospital...

The guy had his flashers on...

He stopped at the red light and another motorist with the right of way waved him through...

He proceeded through without endangering anyone...

He then went immediately into the hospital...

All this and the police officer stops him, berated him, and threatens him.... especially with the false eluding charges - 1 minute to pull over is NOT excessive. Sorry.


Powell has a lot of issues - first he does not even know the purpose of the laws he is enforcing, secondly he is apparently very stupid and has poos judgment, thrid he has a huge ego and has to impose even when he is WRONG.

Many good law enforcement personnel get a bad rap because of losers like this incopetant jerk.

He finally "lawyers up" and they make him give an apology. Too funny.
Reply to this comment
by DirkPT March 29, 2009 11:03 PM EDT
Suspended with pay??? This idiot should be fired and never, ever allowed to be involved in law enforcement or carry a gun. Ever! He is a disgrace!
Reply to this comment
by March 29, 2009 9:00 PM EDT
I think that it's really funny that in this time of a Black president, we STILL have racists like this cop around.....and those who support his racist actions, as evidenced by the ignorant comments about how he was "protecting the law" by stopping someone from his dying mother.....I HAVE to wonder if the shoe was on the other foot, and a Black officer stopped a White man from seeing his dying mother, if these same posters would be so quick to dismiss what the Football Player is going thru.......from what I've seen of this country, racisim is alive and well......and the posters prove that fact over and over.
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by vincan-2009 March 29, 2009 4:21 PM EDT
I hope this police officer has learned a hard lesson. When people rush to a hospital give them the benefit of the doubt that there is a crisis of some kind. The last thing you would expect is a bonehead police officer acting like he did.
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by Ceres6 March 29, 2009 4:11 PM EDT
Something scary about this experience is that the cop was so close from shooting down two people for no reason. There is no doubt that the intelligent behavior displayed by Mr. Moats prevented a much bigger tragedy from taking place. I wonder if 100 black people have had a similar encounter with the same cop, how many dozens would have ended up in the morgue.
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by toolmangler-2009 March 29, 2009 3:36 PM EDT
Posted by ReginaFilangee at 7:53 AM : Mar 29, 2009




Some 50 year old people do not have the sense of a 16 year old. This young Cop did not exhibit adult behavior or reasoning. His was a 'control the situation' before he knew what the situation was response.
Reply to this comment
by mjinba07 March 29, 2009 3:21 PM EDT
For those of you who think the fault for this whole episode rests with Mr. Moats for having rolled through a red light, I have to wonder whether you have ever, ever had a personal tragedy or a family emergency taking place while you had interaction with law enforcement or anyone else.

If not, let me enlighten you. You are not at your best at those moments. Yes, you will sometimes stretch a law because the situation seems to demand it. The law is meant to be followed but not at the expense of your humanity. Most of you will not likely demonstrate the maturity or the equilibrium that Mr. Moats did when confronted by an aggressive, hostile authority while suffering a deeply tragic personal situation.

In certain circumstances we rely on our police and other authorities to act with sensitivity, confidence, and as chief Kunkle mentioned, discretion. This helps uphold the rule of law, as it upholds respect and cooperation.

Thank god there was a dashboard video being taken.

I have to wonder whether Officer Powell made a mistake and is on a normal learning curve in his development of professionalism, or if he's poorly placed in the job.
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