Charge stems from heated meeting

HOUSTON — Houston Police Capt. Charley McAnally says it was his duty to file a misdemeanor assault charge and request an arrest warrant against Deputy Mayor Jim Johansen, even though Johansen is charged with evaluating McAnally’s job performance.

“We are obliged to do our jobs at the Houston Police Department,” McAnally said. “Just because it’s unpopular or may hurt me, doesn’t mean I can neglect my duties. Would I not be neglecting my duties if I ignored a citizen’s complaint?”

Johansen was assigned to evaluate the captain after Houston City Council members voted recently to disregard a negative evaluation of McAnally by Houston Mayor Virgie Thompson. Thompson’s evaluation was deemed invalid because of a perceived conflict of interest after learning of McAnally’s allegations that he is a witness in an ongoing — and unconfirmed — investigation of Thompson and Houston Treasurer Carolyn Grabowski by the Federal Bureau of Investigation for possible fraud.

To McAnally, none of that mattered when Houston planning commissioner and former council member Ralph Buzard appeared at the Houston Police station March 15 and told McAnally he wanted to file charges against Johansen for an alleged incident that happened during and after the March 10 Houston City Council meeting.

“I was a little surprised he came in and filed a complaint, but I wasn’t surprised by what he said in the complaint because I was there,” McAnally said of Buzard. “It’s a legitimate complaint. It’s not my job to determine whether the accused is innocent or guilty. What I have to look at is, are the elements of a crime there? According to state statute, they were.”

Buzard states in the complaint that he had read an email aloud during the council meeting that contained negative statements about Johansen and others. Buzard states Johansen became angry, raised his voice and became insulting.

“Ralph Buzard stated that he had walked away from Jim Johansen towards the exit to leave the building when Jim Johansen came at him in an aggressive manner that put him in fear of being assaulted,” McAnally’s court affidavit states. “Ralph Buzard stated that he believes he was going to be attacked and that I protected him from assault by stepping in between them.”

McAnally’s report goes on to testify that he was a witness to the altercation. He concurred with the order of events and Johansen’s actions toward Buzard.

He said he heard Johansen call another council member a liar and also call the email Buzard read a lie.

“I heard Ralph Buzard say to Jim Johansen that he (Jim) should not say things like that because it was unprofessional and rude,” McAnally’s report states. “I heard Jim Johansen reply ‘So?’ I observed Ralph Buzard to turn around and walk away about 8-10 feet then look at Jim Johansen and say, ‘Well, it was (expletive) rude.’ I observed Jim Johansen then take quick steps toward Ralph Buzard with a louder voice and a raised hand in a pointing gesture. I stepped between Ralph Buzard and Jim Johansen because I believed a fight was about to occur.”

McAnally said he walked with Buzard to the doorway and that he appeared visibly shaken and upset. He added that Buzard is 74.

At the end of the affidavit, McAnally requests an arrest warrant for Johansen so that he can answer to the charges of assault in the fourth degree for causing “fear of harm.”

According to court records, Johansen was not taken into custody. He will be arraigned on the charge in Palmer District Court April 19.

Johansen said Friday as he was on his way to talk to his lawyer and he didn’t want to comment except to say that he’s sure he’ll come out the winner. He had said earlier in the week that he was shocked to find out that having a verbal argument with someone could be considered a crime.

Councilwoman Ruth Blanchard, who partnered with Buzard this week in filing a petition application to recall Mayor Thompson, said Friday Johansen recently sent the performance evaluation he did on McAnally to the council for their opinions.

“That evaluation came back worse than Virgie’s,” Blanchard said. “He said he was going to have the council help him evaluate the captain, but I was never called, so I don’t know if he ever consulted with any council members before doing the evaluation. I guess I’m on the other side, so they don’t talk to me.”

Blanchard said she had been one of the council members who had spoken up against Thompson’s “nasty” evaluation of McAnally in March, believing it was done in retaliation over the alleged FBI investigation.

“Thompson and others had given him glowing reports before that,” Blanchard said. “He wasn’t even supposed to be evaluated because he’d just had one in December.”

Thompson has denied knowing about the alleged investigation when she submitted that evaluation on McAnally.

Blanchard said she’s tired of people blaming former Mayor Roger Purcell for stirring up trouble at city hall. Purcell narrowly avoided his own recall last summer when he stepped down as mayor after controversies over the shootings of animals at the Houston shelter and alleged misuse of a police vehicle.

“Roger’s name keeps appearing in the paper, but he’s had nothing to do with the efforts to recall Thompson,” she said. “He knew nothing about it.”

Buzard, Blanchard and 10 Houston residents who signed a petition — including Councilman Lance Wilson — want Thompson recalled from the council because they say she falsified her timesheets. The alleged falsifications made it look like she worked more hours than she actually did — especially in November when she was out of state for a week during Thanksgiving.

Those who signed the petition include outspoken Thompson critic Nancy Sult, JoAnn and James Denevan, Elbert Ross, David Gleason and Virgil Kappler.

Once the Houston city clerk verifies the signatures, she would draft a recall petition to be circulated within the next 60 days. The petition must be signed by at least 25 percent of the number of people who voted in October’s council race, according to Alaska statutes.

Thompson said Wednesday she had only three things to say about the recall effort: “Look at the signatures, consider the source and no further comment.”

Contact K.T. McKee at kate.mckee@frontiersman.com or 352-2252.