Licenses of Smith County constable, deputies suspended amid ongoing criminal investigation
Published 6:07 pm Monday, December 13, 2021
- Derrick Holman
The peace officer licenses of a Smith County constable and two of his deputies have been suspended as they are under investigation for accusations of stealing cash, ammunition, sunglasses and watches while serving an eviction notice.
Smith County Pct. 1 Constable Curtis Traylor-Harris, Pct. 1 Chief Deputy LaQuenda Banks and Pct. 1 Sgt. Derrick Holman were arrested in November on charges of abuse of official capacity, official oppression and property theft.
They were released from the Smith County Jail on bonds totaling $30,000.
Gretchen Grigsby, Texas Commission on Law Enforcement director of government relations, said in a statement Monday that pending the outcome of their criminal proceedings, the peace officer licenses of Banks, Holman and Traylor-Harris have been suspended under TCOLE administrative rules.
She said the officers were notified of this action on Dec. 3, and the suspension took effect Monday.
Because of the suspension, Banks and Holman cannot work or have authority as peace officers. Since Harris is a “constitutionally elected official,” the license suspension does not remove him from office and he can still exercise the authority he has as an elected constable, Grigsby said.
Harris took office Jan. 1 after winning more votes in November 2020 following a contentious election.
“A removal proceeding would be initiated at the county level,” she said. “TCOLE has open cases on these individuals pending the disposition of their criminal proceedings.”
An arrest affidavit obtained last month details body camera footage of Traylor-Harris, Banks and Holman rummaging through a Tyler residence in late January while the occupant, who was receiving an eviction notice, was away.
The resident in February later reported several items missing including four watches, a partial box of .22 caliber ammunition, a box that could contain Apple Air Pods, Oakley sunglasses, Ray-Ban sunglasses, makeup and a safe containing antique coins, quarter collection, military medals, a diploma, a birth certificate and a social security card. More than $750 in cash was also reported missing, the affidavit stated.
Texas Ranger Chris Baggett wrote in the affidavit a member of the Smith County District Attorney’s Office in October gave him a USB drive containing Banks’ body camera video from the home.
While serving the eviction notice, Traylor-Harris and the constable employees found drugs, drug paraphernalia, firearms and cash. Tyler police were called by the constable’s office members, and the police officers later took over the drug-related investigation and arrested the tenant.
In Banks’ body camera video, the recording begins in a bedroom or bathroom area with Banks telling Traylor-Harris in a hushed tone, “I cut it off,” followed by the tone of a body camera turned on, according to the affidavit. Banks was heard saying “hold on, don’t come down here” as Traylor-Harris is trying to hand her the watch display case.
Traylor-Harris carried the watch display case into a closet while continually attempting to hand it to Banks. She followed Traylor-Harris and he’s heard saying “take that (expletive)” referencing watches from a display case. She removed four watches from the case and placed them in her shirt, according to the affidavit.
The document details several instances of the Traylor-Harris and the constable deputies going through the drawers and other places in the residence.
Traylor-Harris and Banks left a bedroom and went upstairs as two females walked into the residence wanting to talk to them and mentioned a lawyer. When they approached the top of the stairs, Holman was standing guard, and Traylor-Harris and Banks told the two females they found cocaine, marijuana and paraphernalia, according to the affidavit.
The management company representatives began walking into the residence to remove the tenant’s belongings. Four hours later, Traylor-Harris, Banks and Holman were seen moving a safe, boxes for guns, a wallet and a rifle magazine, the document stated.
An hour after moving the items into the car, the tenant arrived and Traylor-Harris and Banks go back inside the residence to discuss the eviction paperwork.
The resident said she could not find her paperwork “because somebody came in and dumped all my stuff.” On the phone with someone, the tenant said the constables came in her house, took guns from her home, dumped all her drawers out, the affidavit explained.
When the resident questioned the constables about her drawers being opened, Traylor-Harris walked away. Banks and Holman continued to pressure the woman about the drugs, according to the document.
Tyler police arrived at the scene, and Banks showed the police officer the drugs removed from the residence, the affidavit read.
A Tyler police sergeant told the constables that Tyler Police Department would take over the drug seizure and everyone needed to stop coming in and out of the residence until the drug investigation was complete, according to the affidavit.
Banks is seen attempting to assist in the arrest, and it appeared she tried to turn on her body camera, but she actually ended the body camera recording.
When Baggett interviewed the tenant, she said she noticed several of her belongings were missing as she and her family unpacked items. She filed a theft report on Feb. 2. Some items were iPhones, MacBooks, shoes, perfume and jewelry. She told Baggett there were also several firearms she said were taken by the constables that were later returned.
During interviews with Traylor-Harris, Holman and Banks, Baggett said they all said they didn’t see anyone take items the resident reported stolen to Tyler police.
At one point, the camera video shows Holman saying “take whatever we want now,” the affidavit read.
CBS 19 contributed to this report.