NEW ORLEANS - Houston can't claim it is immune from liability for the death of a motorist struck and killed by one of its police officers who had just arrested someone for driving while intoxicated.
The officer's excessive speed in bringing the suspect back during a non-emergency situation could be seen as reckless, the U.S. Court of Appeals for the Fifth Circuit ruled April 3 in a lawsuit filed over the death of Charles Payne, Sr.
Houston had moved to have the case dismissed in Houston federal court but was rejected by the trial judge. The Fifth Circuit, in an opinion written by Judge James Graves, agreed, and its ruling will allow the case to move forward.
"While the Texas Supreme Court has not provided a specific speed that constitutes recklessness, driving 70 MPH in a 35 MPH zone solely for the reason of returning to the office to complete a report and file charges is irresponsibly fast," Graves wrote.
"This is particularly so considering that Officer Cabrera was driving without lights or sirens and had taken his eyes off the road to look down at his laptop."
The crash happened Dec. 26, 2021, when Officer Christopher Cabrera booked a DWI suspect at a processing center in downtown Houston. He then headed back to his station to complete his report and file charges before a two-hour deadline the City imposes.
He was on North Shepherd Drive, which has six lanes, many driveways and consistent foot traffic. Cabrera reached 70 MPH as Payne came the other way and proceeded to make a left turn.
Cabrera was looking at his laptop and just looked up before colliding with Payne, who suffered severe injuries and died. Payne's family subsequently filed suit in Houston state court.
The case moved along before the plaintiffs decided to drop it and refile in federal court. During the state court proceeding, the plaintiffs had an expert prepare a report on the accident that noted the presence of marijuana in Payne's system and his failure to come to a complete stop at the intersection.
But the federal court didn't consider those facts at this stage, as the new lawsuit didn't automatically incorporate them. Defenses based on the expert report will be available to Houston in the future.
At this stage, Houston argued it was entitled to immunity because Cabrera's conduct fell within emergency or 9-1-1 exceptions to liability. That emergency happened when Payne pulled out in front of Cabrera, it argued.
"First, if an officer is 'reacting to an emergency situation' every time he attempts to avoid or mitigate a car wreck, the emergency exception largely swallows the (Texas Tort Claims Act) motor vehicle waiver," Graves wrote.
"Second, this reading is contrary to Texas' caselaw. Every case we have come across in the car wreck context interprets the 'emergency situation' to be an exigent circumstance separate from the collision."
Payne was 75 years old when he died. Reports say Cabrera was relieved of duty afterward.