KXAN.com:

ROUND ROCK, Texas (KXAN) — A Texas Ranger stationed in Austin exercised “poor judgment” in an incident where he pulled over and pointed his gun at a driver who flipped him off in traffic according to the Texas Department of Public Safety.

During the incident Round Rock police rushed to an intersection along Interstate 35 after a call for help from the driver who was on the phone with a 911 operator saying someone is trying to pull him over in an unmarked vehicle.

“It’s a white pickup truck and the guys wearing a suit. And he brake checked me and I went around him on the right side, gave him the finger, and he turned all these lights and sirens on”, said the motorist to the 911 dispatcher.

Moments later, before officers arrive, the man following the driver points a gun at him after they stop at the red light.

Eventually, Round Rock police show up and discovered the man who pulled the gun is Texas Ranger Michael Smith, driving an unmarked DPS pickup truck.

The driver, David Vancuran, was fuming and told officers he wanted to talk to the Ranger’s boss, the director of the Texas Department of Public Safety. “I want the director of DPS down here to talk to this guy, he doesn’t deserve to be doing that. And then when I ask him who he is, all I see is a gun, said Vancuran.

Ranger Smith claims Vancuran almost crashed into his truck as traffic in front of him slowed. “He goes around me real fast, shoots me the bird, then side swipes my truck”, said Smith.

Ranger Smith tells the investigating officer that he only got out of his truck to talk to the driver, but had to pull out his gun after he fears for his safety. “I get out of the truck, I demand he get out. He puts the car in reverse. I draw my gun.”

The state issued pickup truck is not equipped with a dash camera, so it’s the Ranger’s word against the driver in this incident last February.

But KXAN has also obtained evidence Ranger Smith was not exactly telling the truth about when he pulled his pistol according to a crucial part of the 911 call in which Smith is heard screaming and banging on the car.

In a written statement sent via email, the agency contradicts Smith’s own version of exactly when he pulled out his gun. “While exiting the vehicle, the Ranger placed his weapon in a low, ready position, due to a perceived threat, ” said the agency in a statement emailed to KXAN.

DPS also wrote: “Our employee acted inconsistent with policy, exercised poor judgement, and conducted himself in an unprofessional and discourteous manner – all of which are unacceptable…The department has taken corrective action with this employee regarding the policy infractions.

The agency also did not respond to questions about the differing versions of when Ranger Smith drew his weapon during the stop.

Texas Department of Public Safety responds:

The traffic stop initiated by the Ranger was lawful; however, his actions failed to reflect the high standards expected of our employees.

On February 7, a Texas Ranger attempted to stop an individual who was driving aggressively, including nearly sideswiping the Ranger’s vehicle on I-35 in the Georgetown area. The Ranger was driving an unmarked police unit and attempted to make the traffic stop by activating his emergency lights, and subsequently contacted DPS Communications to request Highway Patrol assistance. The driver ultimately pulled over on the I-35 frontage road in Round Rock. While exiting the vehicle, the Ranger placed his weapon in a low, ready position, due to a perceived threat, namely believing the car was being placed in reverse. Round Rock Police Department subsequently arrived on scene, and the driver was ultimately released with no additional enforcement action taken. The Ranger immediately reported the incident to his supervisor.

It’s morphed from sideswiped my car to nearly sideswiped my car.  So let me get this straight.  You (Texas Ranger) were apparently tailgating somebody, they didn’t like it, brake checked you, and you unholstered your weapon and stopped him in a rage.

And the stop was “lawful” according to your superiors.  And I would have been charged with brandishing a deadly weapon, disturbing the peace, reckless driving, and probably assault with a deadly weapon had I done that.

Okay.  Got it.  Because LEOs are better and have more rights than me.