HOUSTON, Texas (KTRK) — The city of Houston is deciding whether it will appeal a jury’s verdict now that the city has been found liable in the death of a man killed after a crash with an HPD officer, according to the city attorney.
After four days of deliberations, a federal jury ruled the city of Houston has both an inadequate and unconstitutional driving policy.
The jury awarded $13 million to the family of Charles Payne.
“I know my husband is looking down,” said his widow, Harriet. “He know that we fought and we didn’t give up.”
“Hopefully with the evidence in this trial, the city will make changes mainly in the way that they administer their policies and supervise the policy,” said jury foreman Sean Churchill
The crash was on North Shepherd in northwest Houston in 2021.
Experts have testified that records from Officer Christopher Cabrera’s patrol car show the officer was going about 70 miles per hour in a 35 mile per hour zone, with no lights or sirens on, when he hit a car driven by Payne.
Cabrera was suspended for 45 days but is still a Houston Police officer.
He was not criminally charged and was not sued in this civil trial due to his protected status as an officer.
During the trial, experts testified HPD didn’t have specific driving rules or guidelines.
Cabrera testified in a deposition last year.
An attorney asked, “It’s not typical for police officers to pull over fellow police officers for speeding?”
Cabrera answered, “Correct.”
In another instance, the attorney asked, “Any other time, you’re expected to follow the law just like everyone else, correct?”
Cabrera answered, “That’s correct.”
The Houston Police department and the mayor’s office didn’t answer our questions when we asked if policy changes could be coming, saying this remains under legal review.
We looked up employee guidelines, and they show both the Harris County Sheriff’s Office and Harris County Precinct 1 Constable’s office have driving guidelines.
Deputies in those two agencies are required to follow traffic laws when not involved in emergency situations.
In emergencies, they are required to use lights and sirens.
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