So here's what I'm wondering. Guy calls up the Dallas Area Rapid Transit agency and tells them one of their tow-truck drivers just went bananas and pulled a gun on him in traffic. What does DART do?

They call in their guy, right? Grill him. Then they call the citizen back, right? They have to take it seriously.

Mmm, maybe not. Judging by the court file I'm looking at, DART doesn't take anything too seriously.

Why should they? Do you even know who they are? Really? Do you know the name of a single member of the DART board? There are 15 of them, eight from Dallas and five from the suburbs, all appointed by their city councils. This is a major public entity with a budget of $328 million a year, almost 90 percent of it in tax money. But they operate behind a comfortable screen of anonymity.

And let me say right off the bat that I'm not going to choose sides on who's telling the truth about the gun. The caller, Jeremy Ordaz, a 26-year-old electrician, says a DART tow-truck driver held a gun on him two years ago while Ordaz was stopped at a light. Ordaz's lawsuit against DART is just now nearing trial.

The DART employee, Edgar Aponte, didn't talk to me. I called his number and left a business card at his address in Lancaster. But he did give DART a written statement in which he said there was no gun.

Who am I to say? What I'm talking about is that DART just blew the guy off. After DART got statements from its two employees saying there was no gun, it closed the case. Ordaz says DART never spoke to him after that point. Two years: not a phone call, let alone an interview to see if he's telling the truth.

DART declined through a spokesman to discuss the lawsuit. The suit is slated for trial August 23. DART did say its policies prohibit employees from carrying guns on duty.

The lawsuit has dragged on, so by now Ordaz has legal costs that he wants DART to repay. But his original reason for suing, he insists, was never to get money. It was to force DART to listen to him. He told me last week that's still what he really wants.

"They need to change their stance and at least admit that they were wrong somehow. They are a governmental agency, and they work for the people. You would think that they would try to do a little something for the people to show that they have concern. "

The first time Ordaz called DART, somebody called him back to tell him DART didn't have any tow trucks that night in the area where he said the gun-waving incident occurred. So in other words he was nuts or making it up.

Ordaz's girlfriend, Jennifer Roberts, was a witness. She and Ordaz made separate complaints to DART. DART gave her the same story. She says she told them, "When I looked out my window, there was this big DART logo, and I know that was it. I have a really clear memory of what that looked like."

It goes from there. Roberts, who is a lawyer, refuses to accept the DART stonewall. She starts making legal demands under the Texas Public Information Act for dispatch records and so on. DART finally calls back and says they goofed.

Yes, there was a tow truck at the intersection you and Ordaz described. And, yes, apparently there was some kind of minor verbal tiff between Aponte, the DART driver, and Ordaz. But DART assures Roberts and Ordaz that they have looked into it, and there was no gun.

According to the records I have on my desk, DART did this: A foreman called in Aponte and Charlie Square, another DART employee who had been at the wheel of the bus that Aponte was towing. Each man wrote a one-page statement saying there was no gun.

Case closed.

Well, look: I'm not Sherlock Holmes, and let's assume you aren't either. But I do believe I see things in both men's statements that would have caused me concern, had I been the responsible DART executive overlooking all of this.

For example, Aponte said in his statement, "I honk the horn of the service truck, and I point it at him..."

Uh, Mr. Aponte, you point what at him?

Here's the background: Ordaz and Roberts were coming back into town at about 9:45 p.m., May 21, 2002, after visiting Roberts' mother in Mesquite. Aponte and Square were coming back into town with a disabled bus in tow. They all wound up on the westbound Interstate 30 service drive at Peak Street half a mile north of Fair Park.

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Jim Schutze has been the city columnist for the Dallas Observer since 1998. He has been a recipient of the Association of Alternative Newsweeklies’ national award for best commentary and Lincoln University’s national Unity Award for writing on civil rights and racial issues. In 2011 he was admitted to the Texas Institute of Letters.
Contact: Jim Schutze

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