SMITH COUNTY, Texas — UPDATE: The peace officer licenses of law enforcement officers LaQuenda Banks, Derrick Holman, and Curtis Harris, all members of the Smith County Precinct 1 Constable Office, were suspended by the Texas Commission on Law Enforcement on Dec. 3 as an investigation continues into an alleged theft.
While under suspension, Banks and Holman are ineligible to be appointed as peace officers, and may not exercise authority as peace officers.
Because Harris is a constitutionally elected official, this action does not remove him from office or prevent him from exercising the authority of the constable's office.
Any removal proceeding would be initiated at the county level.
Original story:
A Smith County constable and two of his employees have been arrested on multiple charges.
Smith County Pct. 1 Constable Curtis Harris, 33, who took office in Jan. 21, was arrested by Texas Rangers on Thursday.
On Wednesday, Chief Deputy LaQuenda Banks, 42, and Sgt. Derrick Holman, 44, were also taken into custody by the Texas Rangers.
All three were charged with the following crimes:
- Theft of property by a public servant
- Official oppression
- Abuse of official capacity
All three were booked into the Smith County Jail on $30,000 bond each. All have since posted their bond.
According to an affidavit, Banks, Harris and Holman are accused of stealing an Apple iPod, ammunition, several watches, makeup, Oakley sunglasses, cash, and a safe containing antique coins, medals, and other personal items while executing an official writ of possession.
READ THE AFFIDAVIT:
Smith County releases affidavit for arrests of three members of Precinct 1, accused of stealing, abuse of official capacity
According to the affidavit, the trio, along with Deputy Constable Darrell King, were at 3143 Cascades Court, in Tyler executing an official writ of possession on Jan. 26, 2021. A writ of possession is a court order a landlord must obtain when they seek to terminate a tenant's right to possession and the tenant will not vacate the premises voluntarily.
At the residence but unrelated to the writ were drugs, firearms and money.
Bodycam footage from Banks shows the three in the bedroom area of the home," according to the affidavit. Banks is heard telling Harris "I cut it off," followed by the sound of a body cam turning on.
The affidavit states Harris has a watch display case that he is attempting to hand to Banks. Banks is later seen to be holding a suspected Apple iPod Box and a box of .22 ammunition.
Banks unzips a pocket in her shirt and takes the watch from Harris, who is heard saying "take that [expletive]." Banks tells Harris to put four watches in her shirt. She then puts the Apple box and ammunition in her shirt, according to the affidavit.
Banks at one point hands Harris a wallet, saying, "Some more money."
Harris and Banks then tell two females at the residence that they have found cocaine, marijuana, and paraphernalia," according to the affidavit.
The affidavit states Banks then walks out to Holman's patrol vehicle while carrying a bong and a camouflage rifle case. Holman asks Banks what she got, and she sits in the driver's seat and empties her shirt out, containing .22 caliber ammunition, Apple box, Apple watch, black watch, and two other watches.
Holman asks about the money which Banks replies, "oh, he got that."
Banks then moves back into the residence where Harris is looking through drawers and a purse. Banks tells Harris she put "all that in Derek's car." Banks continues to search with him, commenting on a makeup brand and Oakley sunglasses before also putting those in her shirt as well, according to the affidavit.
The affidavit states Harris shows Banks a box with a necklace in it, but Banks advises Harris she has already seen it and shows him the empty Oakleys case. Banks also removes a set of Ray-Ban sunglasses from a nightstand drawer. She says to Harris, "cleaning house."
Banks once again goes to Holman's car and empties her shirt out.
The affidavit states bodycam footage also shows a duffle bag on the roof of Holman's car, with the following on the ground: a camouflage gun case, a box labeled Heritage Manufacturing Rough Rider .22, a bong, a black "Pelican" style case, a gray safe, and a smaller Pelican style case. Harris takes the two Pelican cases to his patrol vehicle.
Brittany Poster, the lease of the residence, arrives on the scene. Banks and Harris go inside the residence to talk to Poster about the writ of possession. Poster says she cannot find her paperwork "because somebody came in and dumped all my stuff," the affidavit states.
Poster calls someone and is advising them that Constables came to her home, took her guns, and dumped all her drawers out.
According to the affidavit, as they leave the residence, Holman and Banks tell Poster that because drugs were found inside her home, it will all be on her. Poster asks if they found it in her room and says they went through her drawers.
As Poster begins to question the constables about opening her drawers, Harris walks away. Banks and Holman continue to pressure her about the drugs.
Tyler police then show up on scene. Banks takes the officer to Harris' patrol vehicle to show them the drugs they removed from the residence.
The officer asks who found the items, and Harris, Banks, and King indicate they did.
According to the affidavit, few minutes later, Harris walks to the back of the patrol vehicle where Banks, Holman, and King are standing. Harris pulls out a bundle of cash from his shirt and places it in a small Pelican case. Someone makes the comment, "You didn't I've me none of that." The law enforcement officers laugh and Banks asks if they should give it back to her since it was her money.
The officer comes over and advises the constables they will take over the drug seizure and to stop the moving process.
Banks goes to help Tyler PD arrest Poster, when she then says she was hit. Banks attempted to turn on her body camera, but she actually turns it off, ending the recording, the affidavit states.
Later, during an interview for the arrest with Poster, she says as she and her family were unpacking they noticed several items missing. She filed a police report with Tyler Police Department on Feb. 2, 2021 for the stolen items, according to the affidavit.
During a series of interviews on Nov. 8 and 9, Holman, Banks, and Harris were asked about the items, but all said they did not see anyone take anything from the residence.
The affidavit states other bodycam footage from Holman shows him and Harris finding cash in a bathroom of the residence and marijuana in a drawer. Harris then picks up a gray safe. Holman tells Banks they can "take whatever we want now."
The following items were used for the valuation of this theft:
- G-shock Watch - $120
- Apple iWatch - $200
- Analog Watch 1 - $50
- Analog Watch 2 - $50
- Partial box of .22 ammunition - unknown
- Apple Box suspected to be Apple Air Pods - $200
- Oakley Sunglasses - $125
- Ray Bay Sunglasses - $125
- Makeup - $150
- Grey Sentry Safe containing antique coins, quart collections, military medals, diploma, birth certificate, and social security card
District Attorney Jacob Putman says there is a "zero tolerance policy" for peace officers who engage in misconduct.
"We want to make sure that the right punishment is dealt out for that offense," said Putman.
As of now, the constable and his deputies remain on the job. According to Putman, elected officials can't be removed unless there are "very certain circumstances." Right now there isn't a conviction, only a pending charge.
The Texas Commission on Law Enforcement (TCOL) has been notified of the three arrests.
Gretchen Grigsby, TCOL Director of Gov. Relations, says TCOL will "will ensure that the people of Texas are served by highly trained and ethical law enforcement personnel."
From there, TCOL will decide if the law enforcements' peace officer licenses will be suspended.
The affidavits mentioned footage of body camera footage from LaQuenda Banks. Putman says the footage cannot be released at this time since the investigation is ongoing.