Longview Police Shutter Alleged Drug House with Lawsuit

LONGVIEW — Longview police are crediting a nuisance abatement lawsuit with shutting down what they term a known drug house on 12th Street where a man was found shot to death — the first time in years that police have used such a tool. That’s according to KETK and the Longview News-Journal. The lawsuit, which targeted the house near the Aurel Avenue intersection, was filed with assistance from the Texas Attorney General’s Office after Tony Bernard Nelson, 20, was found shot to death in the home in January. “Since the case was filed, there’s been zero activity other than cops stopping and checking” on things, said Kendric Montgomery (pictured), the Longview police area representative for the neighborhood. Montgomery was responsible for working to bring the lawsuit forward.

A law in the Texas Civil Practice and Remedies Code allows municipalities, prosecutors and law enforcement agencies to file abatement lawsuits against property owners to stop ongoing criminal activity at a specific location. The purpose of the lawsuit is to show that owners have failed to stop the nuisance activity on their property. If the court finds in favor of the petitioner in such a lawsuit, the property is shut down for one year.

Longview police spokeswoman Kristie Brian said nuisance abatement lawsuits can be effective in stopping illegal activity. “It allows officers to use tools such as criminal trespass to keep people involved in those types of activities away from the area for a period of time,” she said. “It also sends a message to those involved in illegal activities that the police are watching what they do and will take enforcement actions as necessary.” The abatement lawsuit filed this year is not the police department’s first, but it has been many years since it compiled such a case because it requires a large amount of documentation, Brian said.

When Montgomery was selected to be the police area representative for Beat 60 in July 2015, he found his predecessor had started a nuisance abatement lawsuit against the 12th Street property. Montgomery gathered reports of the activities taking place at the house and the continued police response. He documented complaints from neighbors about the residence and contacted the property owner to see if she could stop the activity on her own.

The owner, identified through Gregg County records as Ayannia Tian Donahue, agreed to take action, Montgomery said. But several months later, Nelson was found dead at the house, and officials decided to bring the lawsuit forward. “The property owners at that time said ‘We’re not going to fight (the lawsuit),'” Montgomery said. The property will be closed for one year, with the owners agreeing to place no trespassing signs and post court orders prominently around the house. The site is also subject to spot compliance inspections from city officials.

Montgomery was honored for his work on the lawsuit at a July City Council meeting. He said the abatement process was a success. “It’s very time-consuming, but effective,” he said.