HOUSTON, Texas (KTRK) — Testimony continued on Thursday in a rare civil trial that pits the family of Charles Payne against the City of Houston and one of its police officers, Christopher Cabrera.
The case is notable because cities and their employees are typically shielded from lawsuits through sovereign immunity. In this instance, however, two separate courts ruled the lawsuit could move forward, allowing a jury to now consider whether Officer Cabrera’s actions were negligent.
Dashcam video shows high-speed collision
Jurors were shown disturbing dashcam footage from December 2021, capturing the moment Officer Cabrera’s patrol vehicle slammed into Payne’s brown sedan. Plaintiff attorneys emphasized that the officer was traveling approximately 70 miles per hour in a 35-mph zone at the time of impact.
Attorneys also presented data from Cabrera’s patrol unit, suggesting that he frequently drove at similar high speeds on surface streets, even when not responding to emergency calls. At one point, they asked Cabrera whether he regularly drove 20-30 miles over the speed limit, even when not en route to a call.
“It depends. We are in a city,” Cabrera responded.
Officer faced suspension, grand jury review
During cross-examination, Cabrera acknowledged he was suspended for 45 days without pay following the crash. He also had to do two days of remedial training on traffic safety. The officer confirmed the incident had been reviewed by a Harris County Grand Jury for a potential criminally negligent homicide charge, though the panel ultimately returned a no bill, declining to indict him.
Family gathers in prayer outside courthouse
Outside the federal courthouse, Payne’s family, accompanied by civil rights attorney Ben Crump, held a prayer gathering before testimony resumed. Inside the courtroom, attorneys representing the City of Houston shifted focus to Payne’s health, questioning his adult children about his diet and alleged medical issues. They suggested that Payne may have experienced a health emergency prior to the collision, which could have caused the crash rather than the officer’s speed.
Testimony concluded for the day, with both legal teams declining to comment publicly until the trial is over. The proceedings are expected to continue for several more days. Plaintiff’s attorneys are expected to call the medical examiner who conducted the autopsy on Friday.
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