2 With Spirit

Tuesday, April 13, 2004
Wichita Falls Police Department
Attn: Records-Gary Tucker
610 Holiday Street
Wichita Falls, TX 76309

Dear Mr. Gary Tucker,
Pursuant to the state open records law, Tex. Gov’t Code Ann. 552.001 to 552.353, I write to request access to and a copy of the items listed below, in relation to the police pursuit on October 25, 2003 which ended in the death of Richard David Owens (DOB 02/05/1960).

1. transcripts and/or recordings of dispatch and car to car radio transmissions(CAD call). Beginning with the first reference to the Geo Tracker and/or Richard David Owens, through the last transmission related to the pursuit and/or Richard David Owens;

2. all video footage and photographs of and related to Richard David Owens, the initial traffic stop, the pursuit, the collision of the Geo Tracker and Tahoe, and the scene of death;

3. interviews, reports, and statements by officers, County Medical Examiner, and witnesses;

4. evidentiary reports;

5. Wichita Falls Police Department’s pursuit policy in effect on October 25, 2003, any revisions since October 25, 2003, and current pusuit policy;

If your agency does not maintain these public records, please let me know who does and include the proper custodian’s name and address.

I agree to accept copies of text documents and photographs in the form of CDR/CDRW if available. I agree to pay any reasonable copying and postage fees of not more than $100.00. If the cost would be greater than this amount, please notify me. Please provide a receipt indicating the charges for each document.
As provided by the open records law, I will expect your response within ten (10) days. (20 days if my request requires substantial programming or manipulation of data.) If you believe this information is not public, I ask that you immediately notify me and then seek a formal decision from the Texas Attorney General not later than ten (10) calendar days from your receipt of this request, as required by the open records law.
If you choose to deny this request, please provide a written explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely. Also, please provide all segregable portions of otherwise exempt material.
Please be advised that I am prepared to pursue whatever legal remedy necessary to obtain access to the requested records. I would note that violation of the open records law can result in a fine of up to $1,000, imprisonment of up to six months, or both. Litigation costs and reasonable attorney fees may also be assessed against you.
Thank you for your assistance.
Sincerely,

Catonya Jo Owens

cc: Mike Payne, WFPD
Lisa Atchin, WFPD
Siovan Callahan, WFPD