A Harris County man has filed a lawsuit in response to an arrest at his now-defunct business more than a year ago, recent Houston federal court records show.

In the suit filed April 5, Eustacio Elizondo alleges that James V. LaSalle, a Harris County sheriff’s deputy, wrongfully arrested him on Aug. 29, 2014.

LaSalle was reportedly responding to a call made by Elizondo’s business partner at the time of the event. Court documents show that Elizondo and the partner, Mike Alvarez, were in the midst of a confrontation.

“Alvarez then called HCSO and while waiting for HCSO to respond, Alvarez followed Plaintiff around the property all the while with Alvarez carrying a handgun,” the suit says.

“Upon LaSalle’s arrival on the property, LaSalle approached Alvarez who told LaSalle that Plaintiff had told Alvarez that he, Plaintiff, was going to get his gun and ‘put a bullet into Mr. Alvarez’s head’.”

Though Elizondo insisted that he did not make a threat nor had a weapon on his person, the original petition explains, the defendant approached and arrested the plaintiff in front of his employees for making a terroristic threat.

Elizondo was subsequently charged with aggravated assault with a deadly weapon and detained at the Harris County Jail for three days. The charge was dismissed to insufficient evidence on Feb. 6, 2015.

According to the complainant, the incident in question caused him to be away from his business, which has since closed.

Consequently, he seeks unspecified monetary damages.

Attorney Kevin R. Michaels of the Law Offices of Kevin R. Michaels, P.C. in Houston is representing Elizondo.

Houston Division of the Southern District of Texas Case No. 4:16-CV-00912

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