Protestors call for Orange Co. DA to resign - 12 News KBMT and K-JAC. News, Weather and Sports for SE Texas

Protestors call for Orange Co. DA to resign

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A group of veterans and Orange County citizens held a protest Wednesday to express their dissatisfaction with the way the investigation into the death of a man in an Officer-involved shooting was handled.

James Whitehead was shot and killed in late July by off-duty police Capt. Robert Arnold.  Although the police department disciplined suspended the officer indefinitely, the grand jury did not agree that anything criminal happened.

The protestors Wednesday demanded the resignation of Orange County District Attorney John Kimbrough.

Protestors said the late marine, James Whitehead, did not get justice.

But Kimbrough said they've got it all wrong.

The City of Orange Police Captain Robert Arnold was indefinitely suspended by the police chief, who said Arnold did not act appropriately or try to diffuse the violent situation.

But it was not enough for the crowd, as more than 100 protestors gathered outside the courthouse - shouting, crying and calling for justice in the shooting death of James Whitehead.

His mother Diana said it's time to take a stand.

"It's gonna be very non-violent, very marine, very mature and we're standing up because this is America and my son fought for America and loved America and Texas and he loved the Texas Rangers who I'm also pissed at, mad at, and it's ridiculous and a lot of the wrongs are gonna be righted" said Whitehead.

Those closest to Diana's son believe the Texas Rangers did not conduct a thorough investigation into the death of the decorated marine by former Orange Police Capt. Robert Arnold.

Whitehead's veterans counselor blames District Attorney John Kimbrough, when a grand jury no-billed Arnold in November.

"It just tore me up and I couldn't let it go after reading the police report knowing the situation, there was no way I could stand down" said former Vet. Service Officer Kenneth Cavaretta.

But Kimbrough said it wasn't his decision to not indict Arnold - it was the grand jury's decision.

"Had the grand jury decided to make a different decision, I'm sure there would be a group of people unhappy with that decision - that's not how the system is supposed to work.  You don't do it based on if people are happy.  It's based on the evidence and the system and the system works" said Kimbrough.

Kimbrough said only if new evidence was brought to him could he re-present the case to another grand jury, and that accusations of an incomplete investigation should be taken to the Texas Rangers.

"It's nonsense to say that the process is flawed" said Kimbrough.

Meanwhile Mrs. Whitehead is just hoping the crowd can help her right what she calls an injustice.

"He would be very proud.  A lot of the wrongs he was very mad about are gonna be fixed and that's a fact" said Whitehead.

Kimbrough said Arnold's suspension involved the captain's behavior before the shooting, and not whether the officer had committed a crime at the moment of the shooting itself.

Kimbrough said he can not take the case to another grand jury unless new evidence is presented in that criminal investigation.


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