A former Denton officer allegedly made false statements under oath after he arrested a man in 2023, accusing the man of evading arrest, according to documents the Denton Record-Chronicle obtained Wednesday.
The Denton Police Department in a news release Oct. 23 that a grand jury had indicted 43-year-old former officer Joel David Weinstein on one count of tampering with a governmental record.
The department reported that after it began investigating unrelated accusations of misconduct against two other officers in February, it discovered inconsistencies with an affidavit Weinstein wrote two years ago.
Weinstein left the department in March, after the department started investigating , but before it discovered Weinstein鈥檚 alleged false statements.
The arrest that led to the indictment occurred on Sept. 6, 2023, and involved a then-21-year-old Denton man who was charged with evading arrest or detention, resisting arrest and obstructing a passageway.
The Record-Chronicle , after a department public information officer read portions of a report to the Record-Chronicle over the phone.
On Wednesday, the Record-Chronicle obtained a copy of the affidavit of probable cause referenced in Weinstein鈥檚 indictment. The affidavit bears Weinstein鈥檚 name as the affiant writing under oath.
Weinstein鈥檚 indictment alleges that he purposefully misrepresented the man鈥檚 actions in two portions of his probable cause affidavit, specifically, a false account of the man ignoring officers鈥� commands to walk to a specific spot.
One of Weinstein鈥檚 attorneys, Robert Rogers, told the Record-Chronicle that Weinstein was 鈥渁 diligent officer, who was nominated multiple times for Officer of the Year by his peers, and our assertion is he鈥檚 not guilty of the allegations in the indictment.鈥�
Denton鈥檚 chief spokesperson Dustin Sternbeck declined to provide any additional statement about the former police officer beyond what the city previously released.
In the affidavit, written the day of the arrest, Weinstein states that he responded to a call from the man鈥檚 family member, who said the man was causing a disturbance at their apartment in the 2400 block of Stockbridge Road at 3:45 a.m.
Officers issued the man a criminal trespass notice, effective through noon that day, and cleared the scene, according to the affidavit.
About 30 minutes later, the affidavit states, Weinstein heard another disturbance call come over the radio regarding the same apartment complex.
The 911 caller, who was not involved in the previous call, reported a man of the same description was pounding on doors and kicking vehicles, according to the affidavit.
The affidavit states that Weinstein contacted the 911 caller while he drove back to the complex, and she said the man blocked her vehicle in the roadway while posturing in a way that 鈥渢errified鈥� her.
When Weinstein arrived on the scene, the 2023 affidavit states, he saw the man in the public roadway, blocking traffic.
The affidavit goes on to state that when another officer gave the man verbal commands to walk to a particular spot, 鈥淸he] was backing away in a different direction.鈥�
The specific quotation from the narrative is false, Weinstein鈥檚 indictment alleges.
The 2023 affidavit also describes the man unnecessarily walking through a puddle from a sprinkler in an otherwise dry parking lot.
It states that in order for the man to walk through the puddle, 鈥淸he] had to walk in the opposite direction from where he was being directed to go.鈥�
This specific quotation is also false, Weinstein鈥檚 indictment alleges.
The 2023 affidavit further states that the man continually pulled away from Weinstein as he attempted to physically detain the man.
After his arrest, the man spent one day in the Denton County Jail before posting $7,500 bail.
A Denton County court disposed of the case against the man in June before Weinstein鈥檚 indictment.
After Weinstein鈥檚 indictment, he spent one day in the Denton County Jail on Nov. 3 before posting $5,000 bail.
If convicted of the third-degree-felony charge in the indictment, Weinstein could face 2 to 10 years in prison and a fine of up to $10,000.