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Petition filed against City of College Station alleging coverup of officer-involved shooting that killed college student

In February, Mark Bennett Hopkins was killed in an officer-involved shooting in College Station. Now, a petition has being filed alleging a cover-up.

COLLEGE STATION, Texas — Editor's Note: A previous version of this article incorrectly stated that a lawsuit was being filed. A petition has only been filed as of Monday, Oct. 9. We apologize for this error and have made corrections to the article to accurately reflect the situation.

A petition has been filed by Doyle Dennis LLP against the City of College Station for an officer-involved shooting that left one dead in February.

On Feb. 8 around 6 a.m., officers attempted to serve a search warrant for a home in the 900 block of Spring Loop. That warrant left one person--Mark Bennett Hopkins, 22--dead after an officer-involved shooting. Afterward, at a College Station Police press conference, officers claimed that they did knock and announce their presence before going into the home where they came into contact with Hopkins who was armed with a shotgun. 

However, the petition filed against the city claims that what took place was a "military-style raid" using a flash-bang device as part of their entry. The events of that day took place around 6 a.m. when residents would have likely been asleep. The petition states that CSPD proceeded into the home in full-scale military tactical gear "based on a 'glaringly false' warrant". 

Hopkins father, Geoffrey shared with KAGS and 6 News how appalled he is with CSPD's lack of evidence against his son, and wants justice for his family. 

He stated, "They tried to implicate my son in this situation which he had no involvement in, we're looking to clear this up quite honestly. We wanna clear his name, our family name and get to the truth in the matter of this story."

According to the petition, CSPD was looking for alleged drug dealer Abraham Eli Escobar who was the boyfriend of Lauren Decoux, Hopkins' roommate at the time. Escobar did not live at the rental house with his girlfriend and was not present at the time of the raid. On the warrant, police listed Hopkins and Alyssa Wilson, Hopkins' girlfriend who was present at the time of the raid as suspects, despite neither of them having a criminal history.  

The petition claims that in order to secure the warrant CSPD employee Lovelace falsely claimed, under oath, that Escobar had transferred money to Mark Hopkins via Venmo. 

In a statement, Alyssa Wilson confirmed that she and Mark were woken up and stunned by the explosion of a flash-bang grenade and the shattering of a window. She said during the commotion they did not hear any knocking or attempts by raid members to identify themselves. Instead, Wilson says Mark had told her to call 911 because he thought they were being burglarized. Wilson says she struggled to find her phone and, in a panic, hid in the closet as Mark grabbed the shotgun.  

According to the petition police then forced their way into the room, and still did not identify themselves. Wilson said she then heard instantaneous gunfire and witnessed Mark fall to the ground after he was repeatedly shot. Wilson was then detained for eight hours and had her phone and laptop seized by police. To this day her laptop has not been returned. 

The petition claims that police knew Escobar wasn't at that address at the time of the raid because his car was not parked at or near the home. 

The same day that the officer-involved shooting occurred, CSPD reported that they had arrested two other individuals--Scott and Leslie Siddons--on charges of engaging in criminal activity. One week later, College Station Police arrested Abraham Eli Escobar with the help of the Houston Police Department and charged him with multiple drug-related crimes, money laundering, and engaging in criminal activity.

Per CSPD protocol, the officer involved in the shooting was placed on administrative leave. 

Additionally, during a press conference after the events of that day, College Station Police Chief Billy Couch said that the body cam footage would not be released to the public. 

Roughly one month after the events that day, on March 23, the Brazos County Grand Jury no billed Officer Dakota Norris--the officer involved in the shooting--saying that they found "that no criminal conduct occurred." Norris returned to full duty four days later, on March 27.

Geoffrey Hopkins believes the City's lack of transparency raises many troubling questions, stating "We want to know who is responsible for initiating and executing the false affidavit that led to the death of our son--and we want to investigate the conduct and claims of College Station PD before, during, and after the attack on Mark and Alyssa."

The petition filed in the District Court of Brazos County also says that CSPD has only allowed the Hopkins family to view "abbreviated and highly edited body camera footage". According to a press release from Doyle Dennis LLP, Hopkins' family looks to have the city "...uncover the full truth about what led to the untimely and unjustifiable death" of Mark that day.

Mark's mother, Cynthia, also gave a statement in the release, saying "College Station police are sworn to protect our kids, not recklessly endanger them. The profound sorrow and grief our family feels is surpassed only by the disappointment in and anger over how this entire situation has been handled by the City of College Station. The police destroyed his life and refuse to tell us who or why did this. As parents, we will never experience Mark's college graduation, a beautiful wedding or the grandchildren we looked forward to enjoying with him, and this wonderful girlfriend, the woman he hoped to marry, lost the love of her life. She had to watch him be murdered over false police information."

The City of College Station has given an official statement to KAGS and 6 News in response to the lawsuit. It can be found below:

"The Texas Ranger conducted an independent, thorough, fair, and transparent investigation, and the City is confident in their findings. The Brazos County grand jury also reviewed the matter and returned a No Bill, finding no criminal conduct by the officer involved. The loss of life is always tragic, and the City sympathizes with everyone involved. However, the City of College Station disagrees strongly with the statements made by the family's attorney. The City has met and worked with the family's attorney while complying with the law, has cooperated with the family, and has offered to meet directly with them. The City will respond accordingly to the petition to investigate the claim before a suit is filed, as the matter is related to a pending criminal case involving Abraham Escobar and others."

Another statement was provided to KAGS and 6 News on Oct. 19 from the City of College Station. The statement is as follows:

"The City of College Station's sympathies remain with Mark Hopkins' family and everyone involved. The Doyle Law Firm press release on Oct. 9 alleges the city's warrant service was based on a "glaringly false" warrant and "false" affidavit. Those allegations are entirely unfounded.

The affidavit and warrant were presented correctly based on a lengthy narcotics investigation regarding Abraham Escobar, a known drug dealer later arrested on substantial criminal charges. Escobar and Mr. Hopkins' roommate, Lauren Decoux, were in a dating relationship, giving Escobar unfettered access to the home at 925 Spring Loop. Escobar was frequently observed at the residence during the investigation.

Mr. Hopkins was never a criminal suspect in the investigation. He was a resident at 925 Spring Loop, where Escobar frequently visited Ms. Decoux while dealing and transporting narcotics. Probable cause affidavits and warrants identify all occupants of a suspected location.

The College Station Police Department conducted a legal warrant service under its established policies and procedures. A judge approved and signed the knock-and-announce warrant based on valid probable cause. During the warrant service, the officers repeatedly and loudly stated, "Police search warrant," before breaching the door and upon entering the residence. In addition, marked patrol units outside had red and blue emergency flashing lights, and an office in a marked patrol unit announced several times on a loudspeaker that the police department was serving a warrant.

The Texas Rangers responded to the scene immediately at the request of the chief of police to begin their investigation. The Texas Rangers, the Brazos County district attorney, and the Brazos County grand jury found no wrongdoing by the city after conducting thorough, independent, and unbiased investigations.

The affidavit and warrant do not contain false information or statements. The city believes the unspecified "false information" referenced in the Doyle Law Firm press release refers to a sentence in the affidavit that mislabeled a Suspected Party.

Selected text from the affidavit is below. For reference, Suspected Party #1 is Escobar, #2 is Mr. Hopkins, and #3 is Ms. Decoux:

'Affiant reviewed the data provided by Venmo for Said Suspected Party #3's account. I learned there were numerous transactions between Said Suspected Party #1 and Said Suspected Party #3. Primarily, Said Suspected Party #1 sending Said Suspected Party #2 money. Said Suspected Party #3 would later transfer money to her bank account, which according to Venmo is Bank of America. Said Suspected Party #1 has sent approximately $1,829 through Venmo.'

However, the affidavit's context makes it evident that the intended reference was Suspected Party #3, not Suspected Party #2. That does not constitute false or misleading information.

The Doyle Law Firm press release alleges the city's "continuing cover-up in the case," but city representatives have repeatedly offered to speak with the family. Early on, the chief of police communicated with Mr. Hopkins's father. The chief provided his cell phone number and asked the father to call if he needed anything related to the matter. Through their family attorney, the chief of police has invited the Hopkins family to face-to-face meetings, but they have not accepted what remains an open invitation. The city had no contact with the Doyle Law Firm until the law firm's hire public relations team distributed the Oct. 9 press release to the media.

The chief of police and city attorney met twice with Mr. Arron Perry, a Hopkins family attorney. The first meeting on March 3 reviewed the case regarding the warrant and warrant service. In the second meeting on April 13, Mr. Perry reviewed relevant footage of the warrant service from the officer's body-worn camera. The footage was not edited or altered.

As allowed by law, the body-worn camera video started when the officer exited his vehicle and ended after Mr. Hopkins fired his shotgun, and the office returned fire. The city exchanged many emails and phone calls with Mr. Perry regarding the matter before and after meeting with him.

The city's policy is not to release body-worn camera footage publicly unless required by law. The policy protects the involved parties and their privacy.

The Rule 202 petition filed by the Doyle Law Firm on behalf of the Hopkins family seeks permission to investigate a claim before a suit is filed and is not an allegation of wrongdoing or liability. The city will continue to work with the family and their attorney to address issues raised in the petition. The city has cooperated with the family's attorneys in a transparent, forthright, and ethical manner, and the invitation to meet with the family and answer their questions remains open."

We will keep you updated as more information becomes available.

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