Justice Department Settles Sex Discrimination Lawsuit Against City of Corpus Christi, Texas, Police Department

The Department of Justice announced today that it has entered into a settlement to resolve the department’s allegations that the city of Corpus Christi, Texas, violated Title VII of the Civil Rights Act of 1964 by discriminating against women when hiring entry-level police officers.

 The United States’ complaint against Corpus Christi, filed in the U.S. District Court for the Southern District of Texas, alleges that between 2005 and 2011, the city used a physical abilities test when hiring entry-level police officers, and that test screened out many more women than men but did not test for what is required on the job.   Title VII prohibits discrimination in employment on the basis of race, color, sex, national origin or religion, whether the discrimination is intentional or involves the use of employment practices, like physical abilities tests, that have a disparate impact and are not job related and consistent with business necessity.  

  “Hiring processes, including for those who seek to serve and protect the public as police officers, should be free from discrimination,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.   “ The department commends Corpus Christi for its cooperation, for working to put in place new hiring procedures that comply with Title VII, and for providing relief to the women who have been harmed by the prior practices challenged by the department.”

 The Justice Department and Corpus Christi jointly filed a motion today requesting that the court provisionally enter a consent decree that lays out the terms of the settlement.   The motion also asks the court to schedule a fairness hearing on the decree, the opportunity provided by Title VII for the public to comment on the decree.   The proposed consent decree must be approved by the court.

 The consent decree requires that Corpus Christi no longer use the physical abilities test challenged by the United States for selecting entry-level police officers.   It also requires the city to develop a new selection procedure that complies with Title VII.   Additionally, the consent decree requires the city to pay $700,000 as backpay to female applicants who took and failed the challenged physical abilities test between 2005 and 2011 and are determined to be eligible for relief.  Also under the consent decree, some women who took and failed the challenged physical abilities test between 2005 and 2011 may receive offers of priority employment with retroactive seniority and benefits. Applicants interested in priority employment must pass the new, lawful selection procedure developed by Corpus Christi under the decree and meet other qualifications required of all applicants considered for entry-level police officer positions.    

“The physical abilities test formerly used by Corpus Christi prevented the city from distinguishing between qualified and unqualified applicants,” continued Mr. Perez.   “Here, the Justice Department is ensuring the selection of qualified officers while eliminating artificial, discriminatory barriers.   Because Corpus Christi will develop a new, lawful test that all candidates must pass, the public will be assured that the selection process is fair and nondiscriminatory and selects qualified candidates.”

 Enforcement of federal employment discrimination laws is a top priority for the Justice Department.   Additional information about Title VII and other federal employment laws is available on the Civil Rights Division’s website at www.justice.gov/crt .

Portland Man Sentenced for Distributing Child Pornography

CORPUS CHRISTI, TX—Michael Thomas Clift, 49, of Portland, Texas, has landed in prison for 14 years, United States Attorney Kenneth Magidson announced today. Clift pleaded guilty to distribution of child pornography on April 30, 2012.

The sentencing hearing began Aug. 23, 2012, and concluded just moments ago before U.S. District Judge Nelva Gonzalez Ramos. At the conclusion of the hearing today, Judge Ramos sentenced Clift to a 168-month term of imprisonment, to be followed by a 20-year-term of supervised release, during which he will be required to comply with numerous conditions limiting his access to children and the Internet as well as requiring him to participate in sex offender counseling. He will also be required to register as a sex offender.

Clift came to the attention of FBI Corpus Christi when an FBI child pornography search warrant was executed on a home in Minneapolis, Minnesota, in September 2011. A subsequent forensic examination of computers seized in that investigation led to the discovery of several individuals engaged in trading child pornography with the Minnesota suspect, one of whom was identified as Clift.

A search warrant was issued for Clift’s e-mail account, and it was confirmed he had traded child pornography with the Minnesota suspect as well as several other individuals. The FBI, with the assistance of the Corpus Christi Police Department’s Internet Crimes Against Children Task Force, executed a search warrant on his Portland residence on January 19, 2012, at which time he was then taken into custody. At that time, he admitted to sending and receiving e-mails containing child pornography to and from the Minnesota suspect.

He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

This case, prosecuted by Assistant United States Attorney Lance Duke, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit USdoj.gov/psc. For more information about Internet safety education, please visit USdoj.gov/psc and click on the tab “Resources.”

Corpus Man Convicted of Solicitation of a Minor

CORPUS CHRISTI, TX—Less than two months following his indictment, Corpus Christi resident Anthony Michael Puckett, 41, has entered a plea of guilty to online coercion and enticement of a child, United States Attorney Kenneth Magidson announced today. Puckett was indicted July 11, 2012.

Today, he admitted he used a facility and means of interstate and foreign commerce—a telephone and a computer connected to the Internet—in an attempt to coerce and entice a minor to engage in sexual activity. Puckett began communicating with a then 14-year-old female on Mocospace in 2010. The communications led to a meeting between Puckett and his victim in Laredo, Texas, where they engaged in prohibited sexual activity. He further admitted he used the Internet and/or a telephone to communicate with the victim to further the relationship and to arrange several meetings in Laredo.

Puckett has been in custody, where he will remain pending his sentencing hearing, set for December 4, 2012. At that time, he faces a mandatory minimum of 10 years and up to life imprisonment.

The FBI was the lead investigative agency with assistance from the Corpus Christi Police Department’s Internet Crimes Against Children Task Force and the Laredo Police Department.

This case, prosecuted by Assistant United States Attorney Lance Duke, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “Resources.”

Local Man Pleads Guilty to Possession of Child Pornography

CORPUS CHRISTI, TX—Scott Randall Atchison, 50, of Corpus Christi, Texas, has pleaded guilty to possession of child pornography, United States Attorney Kenneth Magidson announced today.

Indicted Jan. 11, 2012, Atchison agreed in court today to the facts as described by the prosecutor regarding the commission of his offense. On Dec. 1, 2011, an employee of a computer repair business contacted law enforcement regarding a computer brought in for repair which was suspected to contain child pornography. The computer was ultimately turned over to the Corpus Christi Police Department’s Internet Crimes Against Children (ICAC) Task Force. Computer forensics experts examined the computer and found it to contain more than 3500 images and 200 videos of suspected child pornography.

The investigation was joined by the FBI who then investigated the background and movements of Atchison. A controlled delivery of the computer was organized and Atchison re-took possession of the computer on Dec. 15, 2011, after which he was immediately arrested. He admitted to owning the computer and using it to acquire child pornography.

Senior United States District Judge John D. Rainey, who accepted the guilty plea today, has set sentencing for May 21, 2012, at which time Atchison will face a maximum of 10 years’ imprisonment. He has been in custody since his arrest where he will remain pending that sentencing hearing.

The case was jointly investigated by the Corpus Christi Police Department ICAC and the FBI.

This case, prosecuted by Assistant United States Attorney Lance Duke, was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit Projectsafechildhood.gov.

Odem Resident Pleads Guilty to Weapons Charges

(CORPUS CHRISTI, Texas) — Jeremy Charles Davenport has pleaded guilty to two counts involving federal weapons charges, United States Attorney José Angel Moreno announced today. Davenport, 35, of Odem, Texas, pleaded guilty yesterday before U.S. District Judge Janis Graham Jack. Yesterday, Davenport pleaded guilty to being in possession of an I.E.D., or Improvised Explosive Device, on Sept. 29, 2010, as well as being a drug user in possession of 19 firearms including a machine gun. It is against federal law to possess firearms while being an unlawful user of a controlled substance. Davenport admitted that he was illegally using cocaine at the time of the offense.

Davenport was arrested by Corpus Christi Police Officers on Sept. 29, 2010, at a Corpus Christi HEB. Corpus Christi Police Department (CCPD) officers were responding to a domestic disturbance in which Davenport was allegedly involved. CCPD officers along with agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) found unregistered destructive devices in his vehicle as well as in his home in Odem. At another residence, ATF agents found various firearms, including a machine gun. In addition to pleading guilty to the two counts, Davenport agreed to forfeit any and all interest in the firearms and explosives, as well as other items, including a grenade launcher and 11,450 rounds of ammunition.

Sentencing for Davenport is scheduled before Judge Jack on March 9, 2011. Both of the charges carries a maximum punishment of 10 years imprisonment upon conviction, as well as a maximum fine of up to $250,000 and up to three years of supervised release. Davenport has been in custody since his arrest where he will remain pending his sentencing hearing.

This case was investigated by the ATF and CCPD. The case is being prosecuted by Assistant United States Attorney Michael Hess.

Odem Resident Pleads Guilty to Weapons Charges

(CORPUS CHRISTI, Texas) — Jeremy Charles Davenport has pleaded guilty to two counts involving federal weapons charges, United States Attorney José Angel Moreno announced today. Davenport, 35, of Odem, Texas, pleaded guilty yesterday before U.S. District Judge Janis Graham Jack. Yesterday, Davenport pleaded guilty to being in possession of an I.E.D., or Improvised Explosive Device, on Sept. 29, 2010, as well as being a drug user in possession of 19 firearms including a machine gun. It is against federal law to possess firearms while being an unlawful user of a controlled substance. Davenport admitted that he was illegally using cocaine at the time of the offense.

Davenport was arrested by Corpus Christi Police Officers on Sept. 29, 2010, at a Corpus Christi HEB. Corpus Christi Police Department (CCPD) officers were responding to a domestic disturbance in which Davenport was allegedly involved. CCPD officers along with agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) found unregistered destructive devices in his vehicle as well as in his home in Odem. At another residence, ATF agents found various firearms, including a machine gun. In addition to pleading guilty to the two counts, Davenport agreed to forfeit any and all interest in the firearms and explosives, as well as other items, including a grenade launcher and 11,450 rounds of ammunition.

Sentencing for Davenport is scheduled before Judge Jack on March 9, 2011. Both of the charges carries a maximum punishment of 10 years imprisonment upon conviction, as well as a maximum fine of up to $250,000 and up to three years of supervised release. Davenport has been in custody since his arrest where he will remain pending his sentencing hearing.

This case was investigated by the ATF and CCPD. The case is being prosecuted by Assistant United States Attorney Michael Hess.