Ex-Harris County Pct. 4 deputy charged in alleged 2011 assault during arrest

September 10, 2013 4:33:17 PM PDT
A former Harris County Precinct 4 Constables deputy is facing criminal charges. The District Attorney's office has filed official oppression charges against former Precinct 4 Sergeant Jimmy Earl Drummond, after a family says it was subject to a brutal attack during an arrest that was captured on a patrol car's dash camera.

It was video of a deputy constable repeatedly kicking a man who investigators say was on his stomach and handcuffed at the time that has had many people talking over the past week. It now has Jimmy Earl Drummond facing criminal charges of official oppression.

Drummond, who currently works as a captain with Montgomery County Precinct 3 Constable's Office was a former sergeant at Harris County Precinct 4when this controversial arrest was caught on tape two years ago.

Civil rights attorney Randall Kalliinen said, "We were optimistic because of the clear video and the fact that the public was very outraged and there was a lot of public outcry."

Kallinen represents David Scherz, the 26-year-old man who's seen on the tape being arrested, after Kallinen says a traffic stop ended with excessive force.

"It was very disturbing that someone who weighs 400 pounds, and you can see him putting all his might into it, kicking him five times in the side, breaking his rib, his face was all messed up, then when he's handcuffed, he's got his face into the hot, hot pavement," Kallinen said.

Court documents filed on Monday show a Precinct 4 internal affairs investigation of Drummond's alleged actions determined "the kicks were gratuitous and furthered no law enforcement purpose."

Investigators also criticized that knee drop Drummond's seen giving Sherz, saying, "The knee drop and grabbing his head were not necessary and furthered no law enforcement purpose."

Drummond has not commented about the investigation nor the criminal charges he's now facing.

But his current boss, Montgomery County Precinct 3 Constable Ryan Gable issued a statement announcing Drummond's suspension, saying, "Due to the seriousness of this charge, we want to make sure that as an agency we are taking the right steps to display, that the public's safety and concerns are our most important concern."

Drummond faces up to a year in jail and $4,000 in fines if found guilty of official oppression. He's due in court later this week.

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