Dallas Man Fighting Same Ticket For 3rd Time

By JD Miles, CBS 11 News

DALLAS (CBSFW.COM) – A Dallas Couple has filed an internal affairs complaint on a police officer they accuse of harassing them.

Brian Hensley and his girlfriend Veronica De La Garza were heading to a wedding in March 2009 on the same day their street near Greenville Avenue was being blocked by officers because of the St. Patrick’s Day parade.

He was pulled over by officer Michael Taglienti, who wrote Hensley a ticket for hitting a traffic cone and two more for not using his blinker.

The 41-year-old business owner fought the tickets in court last year and won.  “They dismiss all three tickets then about a month later a few weeks later I received in the mail that they refiled them,” says Hensley.

The citations were reissued and Hensley went back to municipal court and won again.

Hensley thought he could finally put the ordeal behind him when the citations were dismissed for a second time in February but last week he received a notice that the citations were filed a third time.

Dallas attorney Everett Newton is not connected to the case but familiar with it and agreed to review documents.  He says it’s clear either the city or the officer is abusing power.

“I’ve been practicing criminal law in city courts for 18 years I’ve never seen a case refilled twice it’s remarkably unusual,” says Newton. “They’re not being treated as are other people there’s something here that doesn’t meet the eye.”

The couple has filed an internal affairs complaint with the Dallas Police Department accusing the officer of malicious pursuit.

Officer Taglienti did not return our calls  The police department declined comment but released a statement that says “Mr. Hensley has filed an Internal Affairs Investigation for the incident.  It is currently in the process of being investigated.”

Taglienti has previously been suspended for sleeping on duty and also for filing a false report.

Hensley says media coverage of his controversial run in with the officer two years ago led to what he now believes is a clear case of retaliation.  “Missing work it’s costing money, it’s costing time over no blinker tickets when’s enough, enough,” says Hensley.

Hensley and his girlfriend also filed an internal affairs complaint on the officers after the original arrest but it did not result in any action by the police department.

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  • Ginger

    Clearly a case of mis-use of power…typical for Dallas PD!

  • Doyle

    when is this going to end the whole dallas county police force incuding the all the city cops just do what they want to you its like they all can stop you even if you arent doing anything wrong.Even if you are not even breaking any laws they still will stop you and harrass you just because they want to i have been done this way at least 5 or more times i don’t have no kind of criminal pass never have i been in trouble with the law and my car is legal all the way so why do i or everyone else it seems like keep getting done this away what is enough what can we do to stop cops from abusing there power the way they do so much here in the Dallas area. what happened to the serve and protect who going to protect we the people from them.

  • John

    I am friends with this couple. They arrested him for these 3 citations and he spent a night in jail. Magic number is 3. They arrested her for PI but she was realeased by a cop at the station. Major abuse of power.

  • Kodee

    Brian is my cousin and this is absoultley ridiculious! Can Dallas not see that this cop is not that good of a cop he is on leave for sleeping on the job..really?? How in anyway is he protecting the city of Dallas?? Leave my cousin ALONE!!!!

  • Don't worry about it

    Doyle. Can you even write a complete sentence with proper punctuation and spelling? Go back to DISD and sharpen your skills before you whine about those who take bullets for people they don’t know. Or go to the academy and become a cop if you’re so much better suited for the job. Thanks.

  • get facts straight

    ok smart one if he was drunk he would of gotten a dwi not a ticket for no blinker and hitting a cone…i know your not perfect “interested observer” like you havent hit things before while driving! if you have ever been on greenville during st pattys day parade you would know its a mess down there!! so go ahead and stick up for a cop who is sleeping on the job and making flase reports and who decided to choose to eat instead of responding to a call…..sounds like a great officer to stand behind!!

    • interested observer

      I’ve been on Greenville during the day of the St. Patrick’s Day parade; somehow, I managed not to hit anything or get arrested. Funny how it works when you don’t drink or act like an idiot.

      Go ask Hensley and his girlfriend if they were drinking that day; I’d love to hear their response.

      • weknowwhoyouare

        I am sure you didn’t arrest yourself that day! Don’t you have a nap to take or a lie to write up! bahahahaha! L

  • heres some facts

    A Dallas Police officer received a 20-day suspension this week after internal investigators found he chose instead to continue eating rather than responding immediately to a police call and fell asleep while on duty.

    Officer Michael Taglienti, who was hired in 2001, can appeal the suspension.

    The incident where he did not respond immediately occurred in early June 2009.

    The sleeping incident occurred late the following month. Officials said a citizen noticed he appeared to be asleep in his squad car. When a dispatcher tried to reach Taglienti, officers were dispatched to make sure he was ok.

    In 2007, Taglienti received a 20-day suspension after investigators concluded that he filed a false report and made misleading statements while conducting police business

    • interested observer

      facts, huh?

      From the comments:

      “Posted by Mochel @ 3:03 PM Sun, Mar 14, 2010

      First off, he was hired in 2002- to whomever wrote the article.

      Second, many of these ignorant “commenters” would be very fortunate to have this officer dispatched to their emergency call for service. I knew him quite well, both in the police academy and working the streets of Dallas as a police officer before I went to greener pastures.”

      This was from the comments in the article you just copied and pasted. Funny how an officer that worked with Taglienti speaks to highly of him, while Hensley and other slander him.

      • Hunter

        Maybe you are HIM! Or maybe you are a fellow napper/liar! There are too many good officers to have ones like this tarnish their badge. Maybe you were forced to greener pastures. Anf facts are not slander…..another FALSE accusation….really?
        And should the fact that you are playing “defense attorney” for him part of the CODE OF SILENCE? Nighty-nite!

  • interested observer

    Two more things:

    Those aren’t tickets, those are police reports because he was arrested.

    If you take the video to full-size, and freeze it at the :39 second mark, you’ll see in the left-hand corner where it says SOBER: NO

    Hmmmmm, sounds like someone drank too much, ran over a barricade, and has been trying to retaliate against police officers who were simply DOING THEIR JOB.

    • Got To Be Kidding!

      An officer….not officerS! Get over it…..you pick NOW to stay awake! 3 times refiling the same charges after they have been thrown out …..you have issues..YOU can’t let it go!

      How are they retaliating when they went to court and handled the issue. Then the officer/you refiled these charges twice more. Only the officer/you cannot see how OBVIOUS you are. Power tripping is UGLY! It’s much different from doing your job!

    • Alicia

      So you’re saying he wasn’t sober??
      Really, then the cop is stupider than he appears. Why write citations for running over a cone and failing to signal intent when a DUI charge is surely a stronger infraction and embarrassing.
      Is it because neither one of them was drunk. Proof the officer is filing false reports again. Or maybe they should start giving out IQ test at the academy before they graduate cops since Taglienti can’t distinguish the greater crime. DUI or Cone…DUI or turn signal…geez I just don’t know which to pick????

  • Danny

    Ok but WHY were the tickets dimissed??? When I hear that a charge or ticket has been dismissed, the first question I always have is WHY?

    Was the officer not available for the court date? If that’s the case, then Brian Hensley didn’t “win” anything. There’s a big difference between being found Not-Guilty and having your case dimissed. The fact that it wasn’t dimissed with predjudice tells me that the case could have merit.

    So once again….WHY WHY WHY were we not told WHY the case was dimissed???

    • Lacey

      It was dismissed more than once…. think about that!!!

  • billy

    The cop is Mexican…the PERPS are Mexican…..Whats the problem??? ,,,,,,,,,,,,,,,,,Oh! I see …………………………………………………………………………………..YOU AIN’T IN MEXICO NO MORE,,,,,,,,,,,,,,DOROTHY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    • duhwinning

      Racist blind idiot- Hensley is white and the cop is NOT Mexican. Also Dorothy was from Kansas so that slam didn’t make any sense. Shouldn’t you be starting your shift at McDonald’s, Einstein?

  • BIGD

    You can roll up that whole EQUAL RIGHTS thing and wipe you ass with it this morning……..Lawyers and Judges stockpile it in the bathroom…………….

  • Hunter

    Intersted Observer? Yeaaaaaahhhhh RIGHT! And you know all of this….HOW? Go back to sleep on the job & keep up the false filings…..you will be gone soon.

  • Magnum

    This is too weird – 3 tickets and charges filed 3 times. Certainly seems like a vendetta and whoever has been refiling these ought to be FIRED! I don’t think this guy ought to be “serving” the public – he certainly doesn’t seem to know what it entails.

    Please don’t insinuate that the driver was drunk at this late hour. The cops would’ve issued him a ticket for that if he really was. The cop should be FIRED and charged for public endangerment if the cops did not issue him a ticket when he indeed was drunk.

  • skeptic

    Looks like Hensely is the one retaliating.

    This case originally made the news when it first happened that weekend. Hensley thought his money and connections put him above the law, and when he found out they didn’t, he tried to get everyone fired.

    He’s like a spoiled child throwing a temper tantrum when he finds out the world isn’t fair. Too bad he feels the need to try to hurt other people when he is the one at fault.

  • Jeff Kidd

    IT WAS MY WEDDING. Brian drove home from work, to change and pick up his wife to be who lives with him, to go to my wedding. As he entered his own street, the officer said “there will be no in and outs”. Brian explained he had a wedding to go to very soon and would need to leave for it. After changing, he and his girlfriend drove to the end of the street and found it coned-off. They were dressed for a wedding, had a wedding invitation with a Fort Worth location and starting time but the officer repeatedly wouldn’t even look at him or the invitation. Should an officer be able to confine you to your own home and not allow you to leave just because the neighborhood is throwing a function you are having no part of? When you are traveling away from the street the parade is on to go to a different city? Brian accidently touched the cone driving around it. They were separated, car impounded, and taken to seperate jails. Needless to say they missed my wedding. They miss their friend’s wedding, incurr car impound fees, each go to seperate jails, the judge the next morning asked, Why are these two in my courtroom? and sent them home.

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