HOUSTON, Texas (KTRK) — The federal civil trial for a Houston police officer who was speeding before a deadly crash continued in court Friday, as attorneys for the victim’s family argued the City of Houston should be held responsible for police driving policies they say are dangerously vague.
Charles Payne, 71, died after Officer Christopher Cabrera slammed into his vehicle while driving nearly 70 miles per hour in a 35-mph zone. Payne’s family argues that Cabrera was not responding to an active emergency and had no justification for traveling at such a high speed.
In court, attorneys focused heavily on a surveillance video showing the crash footage they say illustrates the consequences of the Houston Police Department’s lack of specific rules governing how fast officers can drive, even during emergency responses.
The plaintiff’s team called former Las Vegas Metropolitan Police undersheriff Christopher Darcy as an expert witness. Darcy testified that in his former department, officers responding to emergencies were limited to driving no more than 20 mph over the posted speed limit.
Darcy told jurors he was “shocked” to learn that HPD does not have any written or unwritten policy specifying how much officers are allowed to exceed speed limits during emergency responses.
He also testified that, based on available information, Cabrera was not responding to any true emergency when he was speeding down the roadway prior to the crash.
Attorneys for the City of Houston countered that Cabrera was still technically responding to a call when he was heading back to the station to complete paperwork, giving him discretion over his speed.
They also attempted to argue that Payne may have suffered a heart attack before the crash and that the heart attack, rather than the collision, caused his death. However, the medical examiner who performed Payne’s autopsy testified there was no indication that he experienced a heart attack that day.
Plaintiffs ended Friday’s proceedings by calling several members of Payne’s family to the stand. The defense is expected to begin presenting its case on Monday. Attorneys on both sides anticipate the trial will conclude next week.
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