HOUSTON - Harris County says it was right to pursue criminal charges against a worker at a vehicle impound lot who pulled her personal firearm during a confrontation with an aggressive man who had just been released from prison.
Harris County Attorney Christian Menefee's office on Nov. 18 motioned to dismiss the lawsuit filed by Gabriella Tellez, who claims she was simply protecting herself during her work at an impound lot. She was arrested as a result of the incident, though the charges were ultimately dropped.
Her lawsuit against Harris County and two deputy sheriffs alleged her constitutional rights were violated when she was arrested and her gun was seized in December 2022.
Citing the incident report, Harris County's motion says there was probable cause for Tellez's arrest for assault with a deadly weapon.
"Deputies adequately investigated the incident and included Plaintiff's version of events in the report," the motion says. "Plaintiff's stated allegations to the contrary are blatant misrepresentations and conflict with the incident report.
"The Plaintiff allegations show that deputies received two different versions of events about the incident at issue. The deputies had probable cause to arrest Plaintiff because Plaintiff's admitted actions met the prima facie elements of aggravated assault with a deadly weapon.
"Further, an assistant district attorney agreed to accept charges. And, a magistrate found probable cause for the arrest."
Tellez was working at an impound lot that the county uses to store vehicles of the jailed and was armed. The man came to get his car but was slamming the grate of the window of her work booth while yelling at her, she says.
Though she tried to explain the proper procedures for getting his car back, ultimately she was forced to call 911, she says. When he forced his way onto the lot, she drew her gun and pointed it at him. He left, the suit says, and she called 911 again.
No one responded to her calls, but seven units responded when the man called 911, the suit says. She is suing over her subsequent arrest and seizure of property, as deputies allegedly accepted the man's version of events as true.
Harris County says its deputies are entitled to qualified immunity from suit, as Tellez has no clearly established right to an exhaustive investigation of potential defenses prior to arrest.
"Plaintiff alleges her actions were legal based on her right to self-defense and/or defense of property," the motion says. "These are affirmative defenses.
"There is no body of law in the Fifth Circuit that requires an arresting officer to fully investigate a possible affirmative defense... The deputies had two versions of events. Plaintiff's position in this case would effectively substitute police officers for the judicial fact-finder.
"The fact scenario in this case is precisely why courts and the adversarial system exist."