HOUSTON, Texas (KTRK) — The 18-wheeler driver who led Harris County sheriff’s deputies on a slow-moving pursuit almost two years ago is now suing the deputies in federal court.
Deputies pursued Louisiana trucker Trinidad Cutshall for almost an hour along the East Freeway in Dec. 2023. Speeds only reached five miles per hour, and the SWAT team ultimately had to use a ram to get Cutshall out of the truck.
But in May, prosecutors dismissed the evading charge against him less than a month before he was set to go to trial.
Cutshall’s attorney, Garrett Gibbins, said it’s because prosecutors were confronted with evidence that Cutshall was suffering from sepsis during the pursuit.
“He had a medical condition that caused him to completely black out,” said Gibbins, adding that Cutshall “had no idea” he was being pursued.
Law enforcement’s response is now the focus of Cutshall’s lawsuit against Harris County as well as 13 sheriff’s deputies, alleging brutality.
Nine of the defendants filed a motion to dismiss the lawsuit, which calls their actions “evil, wicked, and vile.” But last week, a judge ruled the case could move forward.
“Qualified immunity does not apply when there’s a German Shepherd shredding one arm while two other men are punching my client in the back of the skull repeatedly with their bare fists,” Gibbins said.
Gibbins said Cutshall was also sprayed with tear gas and pelted with rubber bullets.
“There were absolutely no weapons in the vehicle that could have harmed anybody. There was no threat to anybody,” Gibbins said.
“But how were they to know that?” Eyewitness News asked.
“All they had to do was cuff him, de-escalate the perceived threat, even though there was none, and then offer medical aid,” Gibbins replied.
The sheriff’s office declined to comment on the lawsuit, and the Harris County Attorney’s Office didn’t respond to a request for comment.
The county did respond to the lawsuit in court filings, however, writing that Cutshall “did not appear to be suffering from a medical emergency, and did not comply with commands from law enforcement.”
The county goes on to say that “if plaintiff was injured or damaged as alleged, such injuries were the result of his own intentional, illegal, or otherwise wrongful conduct.”
“I think that anybody would have trouble exiting a vehicle if they were unconscious and about to die from a medical emergency,” said Gibbins.
Gibbins said sheriff’s deputies need to be retrained and that Cutshall will insist upon retraining as part of any settlement.
“We are seeking millions and millions of dollars in punitive damages, and I believe that we’re gonna get it,” Gibbins said.
“I think the United States Supreme Court is gonna take the case,” he added.
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