I recently heard from Dr. Shirley Pigott, of Texas.  Her story is very compelling and very tragic.  Does anyone have any ideas that might help her.  Read below to see what a nightmare she’s been going through.  GFS


Regarding DPS charges against Shirley Pigott MD for evading arrest in Wharton County, Texas
September 29, 2007

I am a 59 yo female physician; I was en route to Houston Intercontinental Airport on Saturday, September 29, 2007, to attend the annual meeting of the American Academy of Family Physicians in Chicago. I was to meet Doug Curran MD, 2006 President of the Texas Academy of Family Physicians, to discuss a grievance. I have alleged that he retaliated against me by having me investigated for a trivial complaint by his longtime friend at the Texas Medical Board, Keith E Miller MD, who was Chairman of the TMB Disciplinary Process Review Committee.

See the TMB Public Disciplinary Order against me at:   www.tmb.state.tx.us/news/press/2007/083007a.php

Because of Curran’s illegal influence with the TMB, I have investigated the Texas Medical Board myself and uncovered countless abuses. Other Texas physicians and I called for a House investigation. The Subcommittee on Regulatory Agencies of the Appropriations Committee of the Texas House of Representatives held eleven hours of public hearings on October 23, 2007. The hearings may be viewed on the House Archives at:   www.house.state.tx.us/fx/av/committee80/71023a02r.ram
My testimony is the very last one. Three more hearings concerning abuses of the TMB are scheduled for 2008, the first possibly in March.

Miller’s Nurse Practitioner Bridget Yvette Hughes, Center, Texas, is under an April, 2007, non-disciplinary peer assistance agreement with the Texas Nursing Board, after she acknowledged over 50 forgeries of Schedule II Controlled Substances. Although each forgery is a felony, she has not been arrested. I have alleged that Executive Director Katherine Thomas RN of the Texas Nursing Board bypassed the usual disciplinary process of the TNB because of Keith Miller’s illegal influence. 

I have alleged that Texas Department of Public Safety Officers Rodney Mahan and Ron Fields of Center, Texas, have been influenced illegally by Keith Miller not to arrest Hughes. I have reported Mahan and Fields’ failure to fulfill their duties as public servants to the DPS Director, Colonel Thomas A. Davis, Jr., and Assistant Director Lt. Colonel David McEathron. I have called for an investigation of Mahan and Fields by DPS Internal Affairs.

Nothing has been done about Hughes’ egregious felonious behavior or the failures of Mahan and Fields. I have complained bitterly to my own Texas Representative Geanie Morrison and Texas Senator Glenn Hegar. Not only have they “reported me” to the Wharton County District Attorney, but their aides have accused me of having a “bad attitude”.  Because of the breakdown of our representative state government and abuse of power by the Texas Medical Board, Texas Nursing Board, and the Texas Department of Public Safety, and the failures of my own Texas Representative and Senator, I have complained bitterly to Governor Perry’s office (Tony Gilman, the Governor’s Assistant for Health issues, Brian Newby, another assistant, and Gabby Fuentes in the Appointment Office).
I and other Texas physicians have alleged criminal activities by Roberta Kalafut DO, President of the Texas Medical Board. She is under criminal investigation by the special prosecutions division of the Travis County District Attorney’s Office under the direction of Matt Langan.

My husband of 40 years, Dale Pigott, considered the pressures of my arrest and pending felony trial, the unconstitutional seizure of my car, my four investigations by the Texas Medical Board (two of which I am under orders for and two of which are pending), and our $150,000+ losses to this date. He complained repeatedly that he was under more stress than he could bear. He committed suicide on January 6, 2008.
The events of September 29, 2007, and those subsequent must be proven to be unrelated to my exposure of possible criminal, unconstitutional, and/or discriminatory actions perpetrated and protected by Texas agencies and Texas public servants. Otherwise, I have been targeted for harassment by the Texas Department of Public Safety. The unrelenting stress due to the actions of DPS and the bad faith peer review I have experienced by the Texas Medical Board have resulted in my husband’s suicide. While it is highly unlikely that either Ochoa or Terronez knew any of the preceding details, I believe they may have been responding to a directive to harass me.  Ostensibly because of my 93 seconds of evading arrest in my Toyota Prius at high speeds, it was seized, in violation of the Fourth Amendment of the United States Constitution, by the Wharton City Police, and/or the Wharton District Attorney, and/or the Texas DPS as “contraband” used in the commission of a single alleged “felony”.

My health and safety have been recklessly and intentionally endangered. I was almost killed by a speeding 18-wheeler as I “fled arrest” due to an abusive angry DPS officer (Terronez) using overwhelming force against me. Texas DPS Officer Daniel Terronez violated the Texas Penal Code repeatedly on September 29, 2007.  My actions were exactly what I told him they would be if he tried to remove me forcibly from my vehicle. My husband has committed suicide after stating that the events in my life were causing him intolerable stress.

If there is any possibility that events surrounding my arrest have any relationship whatsoever, past or future, to supposedly unrelated events in the Texas Department of Public Safety in Center, Texas, and in other Texas agencies, such as the Texas Nursing Board and the Texas Medical Board, then an investigation at the highest level is in order.

The United States Drug Enforcement Administration has jurisdiction, because of Hughes’ multiple forgeries of Schedule II Controlled Substances and the fact that no actions have been taken against her. Schedule II Controlled Substances are regulated by the DEA. Each forgery is a felony under federal law. This investigation must also involve the Federal Bureau of Investigation, because federal narcotic trafficking laws have been violated and two medical practitioners are being protected by the State of Texas and its Agencies.
Hughes’ “supervising physician”, Keith E Miller MD, at best, knowingly failed to supervise her appropriately. He hired her knowing the circumstances of her dismissal from Center physician Craig McMullen MD. Miller also was aware of McMullen’s reports to the Texas Nursing Board and the Texas Department of Public Safety. Miller was, presumably, unconcerned about repercussions from these state agencies.
These are sufficient grounds for permanent revocation of Miller’s medical license based on standards he has applied to other Texas physicians.

If the more likely scenario is true, Miller is aiding and abetting Hughes in her felonious actions. Hughes has admitted to intemperate use of narcotics. Due to the volume of forgeries, it is much more likely Hughes has been dealing. There are multiple persons and state agencies who know these details and can verify them: Craig McMullen MD of Center, individuals on the Texas Nursing Board, Texas Medical Board, Texas Department of Public Safety, pharmacist Gordon duPre at WalMart in Center, Center Police Chief Walter Shofner, Shelby County Sheriff Newton Johnson, and a nurse investigator at the Texas Nursing Board who resigned from the TNB within a few days of confirming she knew what I have recorded about Hughes.

Those responsible for enforcing the laws refuse to take action to protect the public. Hughes is a clear danger to the public. Officials at the highest levels of Texas state government are aware of my allegations, but deny them. My Administrative Assistant, Tammy Hercheck, made an appointment with Hughes for March 4, 2008 at 1:30 pm, under the name Lori Adair, to have a “female exam.”

Events of September 29, 2007

At 8:15 pm, I was stopped by Texas Department of Public Safety Officer Freddie Ochoa (identified later) for going 74 mph in a 65 mph zone of four-lane US Highway 59 between the small communities of El Campo and Wharton, Texas. The road is dangerous, heavily traveled, and known for its drug traffic from Mexico to Houston; it was already completely dark.

An hour earlier, the speed limit had been 70 mph.

When I first heard the trooper and saw his lights flashing, his vehicle was a single car length behind me, in the left lane, also going 74 mph. I was startled by the sudden noise, lights, and the close proximity of his car to mine. Another vehicle blocked me on the right side, so I activated my flashers, pulled off the road on the left, well into the median, and stopped.. I listened to my CD while I waited for the officer to approach me.

From this point, the incident is recorded on DPS video, and is available for viewing.

When he didn’t appear, I turned off the CD and heard him shouting at me with a bullhorn, “Driver, when it is safe to do so, cross to the right side of the road.” There were approximately 12 vehicles passing me per minute (counted), an estimated 3 – 4 of them were 18-wheelers. He told me to cross, then not to cross, then to cross, depending on whether or not there was any pause in the heavy traffic.

As a physician, I am trained to determine what is safe and what is not safe. In my judgment it was not safe to cross this busy highway in the dark, so I remained in my car. The officer continued to shout for about two more minutes, then drove up behind me and parked.
I locked my doors and windows.

Subsequent times are based on the moment Ochoa approached.

00:00 minutes/seconds: When Ochoa arrived at my car on the driver’s side, I held my drivers’ license to the window for him to examine. He refused, but shouted for me to roll down my window and open the door. He had his face in my window, so there were no difficulties whatever in my hearing him or his hearing me. Within 17 seconds of his first words, he threatened to arrest me. I became greatly alarmed and attempted five calls to my husband on my cell phone. However, the officer had stopped me in an area so desolate there was no cell phone service.

Victoria attorney David Smith has a picture of my cell phone record, showing the calls.

I asked Ochoa to identify himself, but he refused. I was able to see that he had on a name tag, even though he was turned so I could not read it.
There were no lighted residences or businesses within miles in any direction. This is confirmed by the video of the “chase”.

I asked Ochoa to call another officer, who I hoped would be more reassuring, or to follow me on to Wharton where other people would be present. Ochoa again refused. I pleaded with him again to follow me to Wharton.  I am aware of standard procedures in the event a female driver is stopped in an isolated area by an officer who is not reassuring. I followed them to the letter. The news media have reported criminals/rapists posing as police officers; even more common are reports of angry police officers physically abusing victims. 

00:49 seconds Forty-nine seconds after his first words to me, (on the recorded DPS video) Ochoa yelled excitedly, “If you leave, I will charge you with evading!” I had merely asked him one more time to follow me to Wharton.
As he repeatedly threatened me, he was obviously becoming agitated, so I sounded my horn to attract the attention of passing motorists. No one stopped to help.

04:00 minutes: Becoming frantic, I insisted Ochoa follow me to Wharton. I had my flashers on continuously, and I sounded my horn again. I accelerated to 40 mph, made sure the officer was following, and eased my way onto the left lane of the highway. With my horn and flashers I was trying to signal to fellow travelers that I was in an emergency situation.

07:00 minutes: The second officer (later identified as Daniel Terronez) arrived while I was driving toward Wharton with Ochoa following. Terronez pulled me over to the right. He was in an old unmarked car with a grainy burgundy paint job; his flashing lights were inside his car. His uniform was disheveled, hair mussed, and he wore no hat. He appeared to have been aroused from sleep.

Terronez seemed to need an explanation for Ochoa’s stop. Ochoa embarrassingly explained with pressured speech, “She’s been doing this all the time”. (Doing what all the time?!?) “She was speeding! Going 65 in a 74 mph [sic]!” “She pulled over” (gasp!) “to the left!!” He neglected to mention that I was driving in the left lane and a car was blocking the right lane. “She almost caused a wreck!” “…she’s not all there!”

Initially Terronez was not especially threatening, but Ochoa’s incessant chatter got him worked up.

In response to my requests for identification, Terronez actually turned away from me and faced oncoming traffic, hiding his pocket where the name tag was supposed to be. He turned away so quickly that I think he didn’t want me to see that he was not wearing a name tag.

He became enraged, apparently in response to Ochoa, and began threatening me repeatedly with breaking in my car window, implying that he would remove me forcibly. Every time he threatened me, I told him I would drive on to Wharton where other people would be around. I emphatically insisted I would immediately leave if he tried to break in. This exchange happened multiple times. There is no doubt he knew exactly what I would do the moment he resorted to violence.

“Do you want me to break the window? Do you want me to break the window? Huh?”
“I’m going to break the window!” “I’m going to break the window!”
“Roll the window down so I can talk to you at least.” (Sure I will…)

The reason I did not roll down the window “a little bit” was that pressing the electronic button even slightly often prompted the mechanism to roll the window down completely. I knew I would then be vulnerable to physical attack by this officer who had not ceased to breathe threats against me.

“Roll the window down a little bit.” “Roll the window down a little bit, Ma’am.” “Roll the window down a little bit.”
“Roll the window; I can’t hear you.” “Roll the window; I can’t hear you.”

Funny he couldn’t hear me; I could hear him quite clearly. Otherwise, how could I have responded repeatedly that I would leave the instant he began to break in?
“Roll the window down.” Horn blasts. “Roll the window down.” Horn blasts. “…the fire department..” Horn blasting.

07:53 minutes: Officer Terronez goes to his car, gets in, and backs up, with the obvious intent to wedge me in.
08:31 minutes: Ochoa: “Stop! You’re going to cause a [sic] accident! What are you doing?!?” I realigned myself at a 45 degree angle from the highway.
09:16 minutes: Officer Terronez walks to the right rear of my car and begins bashing the window in with his heavy flashlight. This is no emergency according to the Texas Penal Code. According to the Texas Penal Code, he is using overwhelming force.
09:18 minutes: Terronez continues his violent attack. I haltingly start off..

09:19 minutes: Ochoa: “Stop! There’s traffic coming!” Terronez continues to bash in my right rear window violently.
09:21 minutes: I pull out onto the highway, moving faster. Terronez does not even pause, although he is facing oncoming traffic, and should have seen the rapidly approaching 18-wheeler barreling down upon us – particularly because Ochoa was screaming about it.
09:30 minutes: Seeing the 18-wheeler, Ochoa yells a side-splitting exclamation: “THERE’S TRAFFIC COMING!!! YOU’RE GOING TO GET RUN OVER!!!”

09:45 minutes: Terronez does not even pause. On the contrary, the video shows him running after my car striking it violently, forcing me to flee as I told him I would!
09:49 minutes: I stomp on the accelerator and almost collide with the monster truck I had not seen nor heard. If the driver had not swerved left (without slowing) and I had not swerved right, I would have been obliterated by a semi-truck hurtling down the highway at 70 mph. My children would now be orphans. As I quickly accelerate, the truck can be seen on the video flying by. The Doppler sound effect confirms its top speed. When I reach 107 mph, the car smells like it’s burning so I go no faster. I continue at 107 mph for 93 seconds until I see a place that may be open for business. I slow down and see that it’s not.
11:22 minutes: I accelerate back up to 55 mph until I’m inside the Wharton City Limits and see other law enforcement officers waiting as I had originally requested.

15:12 minutes: I pull over beyond the parked patrol cars and wait for the officers. To my dismay, officer Ochoa and Terronez are the ones who approach me again. I requested for one of the new officers to question me. I wait for the other officers to gather around, then get out.

The Texas DPS video continues.

Officers Ochoa and Terronez did become more relaxed and professional around the other officers.

I am booked for evading arrest. DPS officers acknowledge “spiking” someone else’s car!

I was taken to the Wharton County Hospital for a blood alcohol level. Neither the phlebotomist there nor the DPS officer knew if cleansing my skin with isopropyl alcohol prior to drawing my blood would interfere with the blood ethanol level (it wouldn’t), so she attempted to draw my blood under non-sterile conditions! The phlebotomist appeared surprised when I insisted that she at minimum should cleanse my skin with warm soapy water.. I told her I was a doctor. She became disconcerted with that piece of information, but Officer Ochoa, who heard me clearly, showed no acknowledgment at all. He didn’t even flinch.
Because my regular medications include Concerta, a long-acting methyphenidate, I requested to have a urine toxic screen, my own blood alcohol, and to see the ER doctor. Initially I was refused. However, I warned Ochoa several times of the difficulties he might face if he denied me medical care.

Ochoa began driving the back country roads without any explanation; he could see I was becoming more alarmed moment by moment. Finally, he admitted he was taking me to the El Campo ER. There I saw the ER doctor at my own expense, had my blood alcohol drawn (the phlebotomist cleansed my arm with a pledget of isopropyl alcohol) and a specimen taken for urine toxicology testing. The results of both were negative. I am still waiting for the results of the DPS ethanol level.

The ER doctor tried to soothe my fears, but at midnight my BP was 162/106 and my pulse was 134 according to the digital monitor. I asked the ER doctor to note a superficial abrasion on my right forearm and the edema and contusions on both wrists where Officer Ochoa had handcuffed me so tightly. I was concerned that the abnormal VS I saw would not be recorded and asked the nurse to do so. She reported that the entire tracing would be part of the medical record.

My Victoria cardiologist, Bill Campbell MD, whom I see occasionally for high cholesterol identified my condition as an “adrenergic crisis” which could have just as easily snuffed out my life by a heart attack or stroke as an 18-wheeler crashing into my car.
My trial for “evading arrest” is pending. When I asked for help from my State Representative Geanie Morrison and State Senator Glenn Hegar, they refused to talk to me themselves, but their staff reported me to DPS, who reported me to the Wharton County DA. The DA contacted my attorney, David Benning Smith. Smith’s partner, Dexter Eaves, lost the most recent election in Victoria County for District Attorney. He has further political ambitions. Smith “instructed” me not to contact Morrison or Hegar again; Eaves told me, “We have our reputation to protect.”

Prior to his suicide on January 6, 2008, my husband paid the firm of Eaves, Bauknight, and Smith $15,000 without my authorization, advice, or consent to recover my car and defend me against the felony charges. Rather than make any attempt to have my car returned, Smith told me I would not be able to see the DPS video until trial. A California physician friend of mine, Gil Mileikowsky MD, asked his friend Clark Baker, a retired LAPD Detective, to get a copy of the DPS video. Baker had it within 48 hours.

VIOLATION OF BOARD RULES***   www.tmb.state.tx.us/news/press/2007/083007a.php

On August 24, 2007, the Board and Dr. Pigott entered into a Mediated Agreed Order requiring that Dr. Pigott obtain 10 hours of CME in the area of medical record keeping, that she submit written office policies relating to the office’s practice and procedure for managing requests for medical records and lab reports, and that she pay an administrative penalty of $500. The action was based on Dr. Pigott’s failure to timely release certain lab tests to a single patient.

My signature affirms that I believe the above statements are true and correct to the best of my knowledge

______________________________________ ___________________
Shirley Pigott MD February 27, 2008