A federal civil rights suit filed Friday by a Houston man claims a Harris County deputy constable held him down and kicked him so hard his rib was broken, an incident captured on patrol car cameras following a traffic stop outside his home.
The stop led to his entire family being arrested and jailed.
Posted - September 13, 2013
David Braxton Scherz Jr., 26, was arrested on Sept. 10, 2011, along with his father, mother, sister and aunt at the home. The family came outside, and his mother could be heard asking deputies why they came on their property. Her son was stopped for running a stop sign and had pulled into the driveway.
The incident began moments after deputies began to question Scherz outside his home in the 17000 block of Ridge Top Drive.
His mother came out on the porch but was told to go back inside or be placed in the patrol cruiser. When she told the deputy he did not have permission to be on her property, he detained her.
Dash-camera video from the one patrol car shows Scherz lying face down in the street with his arms behind him, and deputies holding him down. Another deputy constable identified as Jimmie Drummond walked up and could be seen kicking Scherz five times in the ribs. Later, he appears to give Scherz's head a final kick after he is handcuffed.
Later, an officer dropped his knee on the back of his neck.
Drummond, now a captain with the Montgomery County Constable Pct. 3 office, said he had no comment and added he couldn't remember kicking anyone.
"I remember the incident, but I don't remember kicking anybody on the ground. I remember kicking a dog, but not a person," said Drummond.
The stop led to his entire family being arrested and jailed.
Posted - September 13, 2013
David Braxton Scherz Jr., 26, was arrested on Sept. 10, 2011, along with his father, mother, sister and aunt at the home. The family came outside, and his mother could be heard asking deputies why they came on their property. Her son was stopped for running a stop sign and had pulled into the driveway.
The incident began moments after deputies began to question Scherz outside his home in the 17000 block of Ridge Top Drive.
His mother came out on the porch but was told to go back inside or be placed in the patrol cruiser. When she told the deputy he did not have permission to be on her property, he detained her.
Dash-camera video from the one patrol car shows Scherz lying face down in the street with his arms behind him, and deputies holding him down. Another deputy constable identified as Jimmie Drummond walked up and could be seen kicking Scherz five times in the ribs. Later, he appears to give Scherz's head a final kick after he is handcuffed.
Later, an officer dropped his knee on the back of his neck.
Drummond, now a captain with the Montgomery County Constable Pct. 3 office, said he had no comment and added he couldn't remember kicking anyone.
"I remember the incident, but I don't remember kicking anybody on the ground. I remember kicking a dog, but not a person," said Drummond.
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