TWO INDICTED IN OREGON CASE

Federal Grand Jury Says Officers Conspired To Violate Civil Rights

A federal grand jury Monday indicted two of the six former Houston police
officers involved in the shooting death of Pedro Oregon Navarro on a charge
of conspiring to violate his civil rights.

Former Sgt. Darrell H. Strouse, 35, and former Officer James R. Willis, 29,
were accused of violating the rights of Oregon and his brother, Rogelio, to
be free from unreasonable searches and seizures when they entered Rogelio
Oregon's apartment July 12, 1998.

Prosecutors said the officers did not have a search warrant nor the consent
of Rogelio Oregon.

"Technically, it's the violation of their Fourth Amendment right to be
secure in their dwelling," Assistant U.S. Attorney John Lenoir said.

"Only under certain specific circumstances can law enforcement enter
somebody's house, either by consent or a search warrant or a court order."

Neither Strouse nor Willis were involved in the shooting, which occurred in
Oregon's bedroom.

Asked why the other four officers -- David R. Barrera, Pete A. Herrada,
David Perkins and Lamont E. Tillery -- were not indicted, Lenoir said, "This
is just what the jury found to be sustained by the evidence, and we cannot
comment on the deliberations of the grand jury or the working of the grand
jury."

If convicted, Strouse and Willis could get 10 years in prison and be fined
$250,000.

Their arraignment had not been set as of late Monday.

"We're not going to ask that they be arrested. They are not considered a
flight risk," Lenoir said, adding that the government will not oppose bail.

Attorneys for Oregon's family said they were pleased with the indictment.

"It's extremely significant that the two architects of the illegal break-in
were charged in a federal conspiracy," attorney Paul Nugent said. "That's
how citizens get hurt, when police enter without a warrant."

Nugent said he has spoken to the family, "and they appreciate the hard work
by the FBI and the U.S. Attorney's Office.

"All they want is justice," Nugent said.

Attorney Richard Mithoff said, "We have been arguing from the beginning that
both officers were the architects of a planned illegal entry that led to the
tragic death of Pedro Oregon."

Though Willis and Strouse did not fire their weapons that night, Nugent and
Mithoff said it is clear why they were indicted.

"In view of the fact that it was the illegal entry that initiated the entire
chain of events, I think it's not surprising that that was where the focus
was," Mithoff said. "The other officers would not have been put in the
position they were in that led to this confrontation had the illegal entry
not taken place in the first instance."

Nugent said, "It was the illegal entry into the home that led to the tragic
shooting of Pedro Oregon."

Mithoff said the indictment bodes well for the Oregon family's federal civil
rights suit against the city and the officers, which is scheduled for trial
in June. The lawsuit blames Oregon's death on the police department's
recruiting, hiring and training of officers.

"Obviously, it is of great interest to us because it coincides with our
theory that the gang task force should not have been involved at all in this
type of drug raid activity," Mithoff said.

"If it had not been for the illegal entry by this gang task force, the death
of Pedro Oregon would not have occurred. So it is consistent with our theory."

The indictment says Strouse, Willis and the four other officers went to the
apartment with an informant, Ryan Baxter. They told Baxter to approach the
apartment door, then lay down when the door was opened, according to the
indictment.

Once inside, some of the officers pursued Pedro Oregon to a bedroom, where
shooting broke out.

The officers have said Oregon "advanced" on them with a gun. A gun was found
by his body, but it had not been fired.

The Justice Department launched its own investigation after a state grand
jury indicted only one of the six police officers, Willis, on a charge of
misdemeanor trespassing. He was acquitted.

Harris County District Attorney John B. Holmes Jr. said, "I don't see a
conflict or controversy with a federal grand jury finding these indictments
while a state jury decided on trespassing."

"I've had a problem with the officers' entry. They should have had a
warrant," Holmes said. "We presented that option to the state grand jury of
official repression, and it was rejected."

But he said there was no case of homicide, as some protesters had sought,
because Oregon pointed a gun at the officers.

"They had justification to shoot when someone is armed and pointing a weapon
at them, and it was more than just speculation that there was dope-dealing
going on in that place," Holmes said.

"But you still have to follow the rules. There was time for them to get a
warrant."

Robert Thomas, attorney for the Houston Police Officers Association, said he
was grateful to grand jurors for their thorough consideration of the evidence.

"Obviously, we're concerned that two officers were indicted for conspiracy,
but we are optimistic that a jury will acquit the officers when Rogelio
Oregon is required to testify about his conduct on the night of the shooting
and his extensive history of selling illegal drugs in the streets of Houston."

Thomas said a nationally known blood-splatter expert's report, unsealed by
U.S. District Judge Sim Lake last month, supported the officers' version of
events -- that Pedro Oregon advanced on the officers with a weapon in an
effort to prevent his brother's arrest.

Reaction at City Hall to the indictments was mixed.

Councilman Jew Don Boney said: "Quite frankly, I'm pleased that the federal
government did an investigation, and it appears that they are at least going
to take the kind of action that will require strict legal scrutiny of the
actions by those officers. The entire matter was a violation of police
procedures.

"I look forward to the search for justice happening in the federal courts
that did not happen in the state courts."

Councilman Carroll Robinson said, "I think in the broad sense of the
judicial system being responsive, I think it at least helped send some
signal to quell some of the fears and nervousness in the community that the
system will work and give a full examination."

Mayor Lee Brown said, "I guess I'm not surprised because we did conduct an
investigation that found ... that there were some violations."

He added: "We should be quick to point out that an indictment does not
equate to a conviction. Rather, the officers that were indicted are
entitled, like anyone else, to a trial. And a jury will determine their
guilt or innocence."

Councilman John Castillo said: "I was surprised that it happened as quickly
as it did. I think it will improve the public's confidence in the
accountability of law enforcement officers to the same standards that
everybody else in the population is held."

Councilman Rob Todd said: "I welcome the scrutiny of the Department of
Justice. I think it's in all of our interests that the officers receive a
fair trial. But at the same time, I think it's in the city's interest that
we all know if anything happened from a civil rights perspective."

Chronicle reporters Matt Schwartz and Jo Ann Zu?iga contributed to this report.