Houston police are refusing to do anything about one of their officers who confiscated a man’s camera after the cop was caught on video arguing with a mechanic.

The cop, who is not identified, also sent a group of fellow officers into the man’s business to further intimidate him, which was caught on surveillance video.

The incident took place last November but it’s just coming to light now because apparently the man just contacted the media about it.

It appears as if Frank Herzic, 61, was under the impression that police would have returned the phone to him by now (you can stop laughing now).

Even if they do, you know the footage would be missing.

Herzic, who owns Texotic Motorsports, was in his office when he heard the commotion from across the street.

He walked over, stood across the street and began recording with his phone, not even realizing the man yelling was a cop as he off-duty and in plainclothes.

This is how he explained it to KHOU:

Worried about that mechanic’s safety, Herzik said he recording everything on his cell phone until the officer ran his way yelling.

“Give me the phone! Give me the phone! Give me the phone! –And he’s fighting me like that and he’s fighting me trying to get it, and he’s pulling, so eventually we end up over there and eventually, like I say, I dropped the phone, he grabs the phone and runs,” Herzik said.

He said the officer ran off yelling, “code 1, officer down.”

Surveillance footage shows the off-duty officer leading on-duty officers into Herzik’s business.  Later a second wave of officers came looking for Herzik, who said he left in fear.

Meanwhile, Houston police are spinning the story in every single direction except towards the truth.

First, internal affairs told Herzic that they couldn’t investigate the incident because it was under investigation.

Then they told the media that they couldn’t comment because it was an internal affairs investigation.

And then they claimed they couldn’t return the camera because it was “evidence” in that investigation.

But anybody can see this is a cover-up, not an investigation.

KHOU doesn’t seem to have the balls to ask Houston police the hard questions. They even blurred the face of the cop in question in the surveillance video. I might call Herzic to see if he wants to run the uncensored video on PINAC.

Feel free to call Houston Police Chief Charles A. McClelland, Jr. (pictured below) at (713) 308-1600, which is the number listed for him on the department’s website.

He probably should be told about the new guidelines from the U.S. Department of Justice that forbid police officers from confiscating cameras unless there are exigent circumstances, which is clearly not the case here.

All you have here is a hothead cop who is being protected by fellow cops and  the media.

He needs to be exposed for what he is. A bully with a badge.

UPDATE: Just got off the phone with Herzic and he is sending me the surveillance video that will clearly show the cop’s face.


Please send stories, tips and videos to carlosmiller@magiccitymedia.com.


I am immersed in a legal case where I not only want to clear my criminal charges stemming from my arrest in January, but I want to sue the Miami-Dade Police Department for deleting my footage, which I was able to recover.

My goal is to set some type of precedent to ensure this does not happen as often as it does today where cops simply get away with it.

So if you would like to contribute, please click on the “donate” button below and contribute whatever you can afford.

 Hair Transplant 

Also, in an unrelated PINAC matter, I recently went through a hair transplant operation and I’m documenting my recovery on this blog if you are interested. I did not pay for this transplant, which is why I’m promoting the doctor through the hair transplant blog.