Harris County Police Officer Indictment

As written in the Houston Chronicle, a Harris County grand jury recently indicted a Bellaire police sergeant who shot a black man in the driveway of his own home while responding to what turned out to be an erroneous stolen vehicle report.  See, Turner, Allen and Lindsay Wise, “Officer Indicted In Bellaire Case,” Houston Chronicle, 4/7/09, p. A.  According to the article, if the officer is convicted of the charge of first degree aggravated assault by a public servant, the officer could be sentenced to life in prison for the December 31 shooting of 23-year-old Robert Tolan.  As further reported in the article, attorneys for the victim repeated their claim that the incident constituted racial profiling, saying, in part, that “The only crime Robert committed was driving while black in Bellaire.”  Id. @ p. A6.  The shooting occurred six months after a Harris County jury acquitted two Pasadena police officers of criminal charges relating to the fatal beating of a 51-year-old hispanic man who suffered eight broken ribs and a punctured lung in July, 2007.  Id.

Whether incidents of racial profiling or police brutaliy occur in Bellaire, Houston or Pasadena, victims of police misconduct or abuse may make a written complaint to internal affairs for the police department in order to document the offense and place the department on notice of potential wrongful behavior.  Further, victims may contact an attorney to determine whether an excessive force or racial profiling lawsuit may be ultimately be appropriate under the facts and circumstances of the potential case.