CALDWELL, Texas — A grand jury has indicted Chester Jackson Jr.. He is charged with Assault of a Public Servant, according to Jackson's attorney.
The Caldwell officer, Sgt. Robert Baucom, who allegedly threw Jackson to the ground has also been indicted, according to the Burleson County District Attorney. He is charged with Official Oppression, a Class-A misdemeanor. Baucom turned himself in Thursday morning after being indicted Tuesday. His $1,000 bond has been met and he has been released, according to the attorney.
Baucom intentionally subjected Jackson to "mistreatment that the defendant knew was unlawful, namely throw said Chester Jackson, Jr. while hands and legs were restrained," according to the indictment.
Texas Rangers found no evidence that Baucom's actions caused the medical condition of Jackson, according to the Burleson County DA.
The Texas Rangers are still investigating the incident.
Caldwell Police Chief, Charles Barnes told KAGS, in a statement, that he is aware of the charges. And that today, Sgt. Baucom resigned and is no longer a police officer for the City of Caldwell.
Below is the full statement:
"I am aware of the indictment and criminal charges against Robert R. Baucom in the Chester Jackson matter. Sergeant Baucom was under an Internal Affairs investigation within our department. Today, Sergeant Baucom tendered his resignation and he is no longer a police officer for the City of Caldwell. The Caldwell Police Department is charged with upholding the law and will continue to serve this City with professionalism and respect." - Charles Barnes, Caldwell Police Chief
According to Texas Penal Code 39.3, Official Oppression is when:
(a) A public servant acting under color of his office or employment commits an offense if he:
(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;
(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or
(3) intentionally subjects another to sexual harassment.
(b) For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity.
The video showing the altercation between Jackson and Baucom was first reported by KAGS. Warning: the video contains graphic content not suitable for all ages.
Jackson was arrested on Friday, April 19 for public intoxication.
On April 20, the day after Chester Jackson, Jr.’s arrest for public intoxication, a Caldwell police officer lets go of Jackson's arm, causing him to fall to the floor. Jackson remains on the floor yelling up to the officers. Then, a different Caldwell officer comes from around the corner of the jail cell door and forcefully pushes Jackson against the wall, where he hits his head on the metal toilet.
An officer then says to Jackson, "you fell."
The same day, family claims they were denied access to Jackson when they came to pick him up from jail, saying authorities claimed he was unstable.
Jackson's attorneys say he was in the midst of a "mental health crisis," during this altercation.
An officer was placed on administrative leave on Tuesday, May 21 as a result of an investigation into the incident. Police officers are typically placed on leave during internal affairs investigations and this does not necessarily imply guilt.
Jackson was transported to Cross Creek psychiatric hospital on April 21, two days after his arrest for public intoxication.
Later at Cross Creek, Jackson was given sedative drugs and had stopped breathing, before he was taken to an Austin hospital and placed on life support, according to 911 audio first obtained by KAGS News.
In an emergency call between staff at Cross Creek Psychiatric Hospital and Austin 911 operators, staff say Jackson “became agitated” and was given “2mg of Ativan, 10mg of Haldol, and 50mg of Benadryl,” after he was dropped off by Burleson County deputies. The staff member also says Jackson was “placed in a hold and he’s not breathing.”
The 911 call audio is below. Warning: it may be considered graphic.