Man indicted for taking pictures of accident scenes

(2/14/07 - WHARTON, TX) (KTRK) -- Did a grand jury overstep its bounds with its most recent indictment?

We're hearing about a Wharton County man who was indicted for taking pictures. It's something he's done all his life, but now the county district attorney says he went too far.

Elmer Cavender is a freelance photographer. He's been one for decades.

Never before has he been accused of committing a crime on the job.

"It's totally unbelievable," said Cavender. "It really took me by surprise."

In January, he took pictures at the scene where Needville ISD Police Chief Ernie Mendoza was killed. Cavender sold those pictures to several local newspapers. Days after the crash, when Cavender says DPS troopers told him he'd be arrested for doing so, he was stunned.

"I was totally taken aback," he said. "I told them I feel like I didn't do anything wrong. I was just doing my job."

About a year and a half ago, Cavender became the official photographer for the Wharton Volunteer Fire Department. His photos are often used in their training. He says he never worked for the fire department although they gave him an ID and a vest that said "fire photographer." Cavender says he wears a press ID whenever he's working.

An indictment accuses him of being a volunteer firefighter who represented he was taking pictures for the department while later selling them.

"It is nothing but pure harassment, that's all it is," says Wharton Journal-Spectator managing editor Ron Sanders who sometimes publishes Cavender's photos.

The city of Wharton says Cavender was never paid by or a member of the fire department. The Wharton County District Attorney's Office did not respond to our repeated attempts for a comment.

If convicted, Cavender could be sent to prison for up to ten years and pay a fine of up to $10,000.
(Copyright © 2007, KTRK-TV)

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