Judge throws out charge against deputy constable

HOUSTON (KTRK) -- A judge has thrown out official oppression charges filed against a former Harris County deputy constable. The judge ruled the statute of limitations on the case had run out.

Eyewitness News obtained video of the alleged incident even before prosecutors knew about the case. Former Harris County Deputy Constable Jimmy Drummond can be seen in that video from a 2011 traffic stop, allegedly kicking a man in handcuffs on the ground. Prosecutors say they filed a criminal complaint on the case within days of finding out about it in September 2013. He wasn't indicted, though, until December 2013, three months after the two year statute of limitations expired.

"I don't believe it was any fault of the state's, do you understand? This case just came so close to the statute of limitations I believe it was just no error of theirs," says Drummond's Attorney Sam Cammack.

Attorney Randall Kallinen, who represents the man who was in handcuffs and was on the ground in the video, blames the district attorney's office saying they "screwed up."

Prosecutor Julian Ramirez characterizes the dismissals as procedural and insists they had nothing to do with the evidence. He says the district attorney's office now must decide whether to appeal the ruling, telling us, "It's disappointing. We have a great respect for the court and understand that the court made the ruling that she believed was required by law. Nonetheless it's disappointing to us and we're looking at our options as far as an appeal."

Drummond could have been sent to jail for up to a year if convicted. He had been placed on administrative leave while under indictment. His attorney expects him now to be reinstated.