Release of KCSO captain's DWI arrest videos withheld pending Texas Attorney General decision

Release of KCSO captain's DWI arrest videos withheld pending Texas Attorney General decision

FORNEY, Texas — The release of dash cam and body-worn video which captured the arrest of a longtime Kaufman County Sheriff's Office captain for driving while intoxicated is being withheld pending a Texas Attorney General's (AG) Office decision, inForney.com was notified of earlier today.

FORNEY, Texas — The release of dash cam and body-worn video which captured the arrest of a longtime Kaufman County Sheriff's Office captain for driving while intoxicated is being withheld pending a Texas Attorney General's (AG) Office decision, inForney.com was notified of earlier today.

On Saturday, August 4, 2018, Kaufman County Sheriff's Office Captain Fred Klingelberger, who was identified by the sheriff's office in a Tuesday press release, was arrested by the Forney Police Department in his driveway for driving while intoxicated.

Klingelberger, who is a veteran of more than 20 years, was released from the Forney Police Department jail after a Municipal Court Judge initially "determined there was no probable cause to effect his arrest." Therefore, the city's attorney tells inForney.com, the charge was rejected.

The Kaufman County Sheriff's Office placed Klingelberger on administrative leave pending an internal investigation.

On Tuesday, inForney.com filed an open records request for the incident report, any dash cam video, and any body-worn video of the officers involved in the arrest.

Earlier today, the City of Forney, in a response letter, released a basic information report which redacted a majority of the officer's narrative of the incident which led to Klingelberger's arrest. In their response, City Attorney Jon Thatcher requested a Texas Attorney General Office open records decision to withhold the release of the complete incident report, dash cam video, and officer-worn body camera footage citing exceptions under the Texas Local Government Code Section 552.108.

"While a magistrate has made an initial determination that there was no finding of probable cause to effect the arrest, the case may still proceed to prosecution as a grand jury referral or some other legal manner," stated, in part, Thatcher's letter to the AG's office. "As such, the matter has not resulted in a conviction or deferred adjudication of a criminal offense at this time."

According to the basic information released today, a Forney Police Department officer was dispatched, at approximately 10:15 p.m., on Saturday, to the area of Ridgecrest Road and Park Trails in regard to a reckless driver. A 911 caller stated they were traveling behind a silver Chevy truck that was driving really slow, not signaling turns, and almost hit a parked car.

"The caller advised they believed the driver to be possibly intoxicated,"

The report indicates the officer made contact with Klingelberger at his home address.

Klingelberger has not responded to a request for comment from inForney.com.

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