Federal judge dismisses civil rights claims by Pamela Turner's family against Baytown PD

HOUSTON, Texas (KTRK) -- A four-and-a-half-year saga triggered by a Baytown police officer shooting an unarmed Black woman has led to a federal judge dismissing a civil rights claim on Tuesday.

The family of Pamela Turner, killed during a struggle with officer Juan Pedro De La Cruz in May 2019, claimed their loved one was killed unlawfully when the Baytown Police Department member opened fire on her.

Turner's family filed the suit in 2021, though, a criminal case against De La Cruz remained pending at that time. Since then, a Harris County jury acquitted him of aggravated assault by a public servant in October 2022.

De La Cruz's attorney insisted the shooting was justified.

According to the police, the veteran officer was on patrol at The Brixton apartment complex, where he lived and worked, when he came across Turner, with whom he was familiar. De La Cruz called on Turner and attempted to arrest her. A struggle ensued, forcing the officer to use his Taser on her.

As De La Cruz tried to handcuff her, she allegedly grabbed the Taser and used it on him. Police said that forced De La Cruz to grab his gun and fire several times, hitting Turner. She died at the scene.

"He could have said 'Freeze. Stop.' Anything. He shot five times at point blank range. Five times at point blank range. Putting three bullets in the body of this unarmed Black woman," Benjamin Crump, the family's attorney and a well-known civil rights activist, said in 2021.

During the civil phase, De La Cruz and the city filed a motion to dismiss the lawsuit.

In a judgment filed Tuesday in the U.S. District Court for the Southern District of Texas, Judge George C. Hanks Jr. wrote that the plaintiffs, or Turner's daughter and son, "failed to identify any clearly established law 'that would place beyond doubt the constitutional question in this case,' i.e. whether it is unreasonable for an officer to tase a person who is actively resisting arrest and presents at least some threat to the officer and whether it is unreasonable for an officer to use deadly force when he has been tased, the (Taser's) wires are attached to him, and the person who has been actively resisting arrest is attempting to rise from the ground with his (Taser) in hand."

Therefore, Hanks wrote, the family's excessive force claim against De La Cruz and the city was dismissed without prejudice.

Eyewitness News is reaching out to Turner's family and city officials for reaction to the dismissal. Tune in or stream ABC13 newscast this evening for updates.