A federal jury will soon decide whether the City of Houston and one of its police officers should be held responsible for the death of an elderly man who was struck and killed by a patrol car the day after Christmas in 2021.
Charles Payne, 75, died while driving home from church on Dec. 26, 2021. His family has spent more than three years fighting for accountability. On Monday, the highly unusual civil trial over his death came to a close, and jurors are expected to begin deliberations on Tuesday.
The central question in the case is whether Payne’s death was caused by Houston Police Department Officer Christopher Cabrera, who was traveling roughly 70 miles per hour in a 35-mph zone when his patrol vehicle collided with Payne’s car — an impact captured on surveillance video.
Former federal prosecutor Michael Wynne says it is exceptionally rare for cases like this to reach a courtroom at all. Government entities typically benefit from sovereign immunity, which often shields them from civil liability.
“It bodes very well for the plaintiffs that it got past the largest impediment for somebody bringing a civil rights action in federal court,” Wynne said. “Which is the government, or the city in this case, saying the king can do no wrong.”
On the trial’s final day, attorneys for the City of Houston called a single witness: Dr. Kenneth Totz, a medical expert who testified that evidence suggested Payne suffered a heart attack before the crash and that the cardiac event — not the collision — was the true cause of death.
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Plaintiffs ended Friday’s proceedings by calling several members of Payne’s family to the stand. The defense is expected to begin presenting its case on Monday.
But Wynne believes jurors are unlikely to focus heavily on that explanation.
“What really matters is the officer’s conduct,” he said. “The causation is going to determine the amount of damages.”
There is no dispute that Cabrera was driving at twice the posted speed limit at the time of the crash. The Harris County medical examiner determined Payne died from multiple blunt-force injuries.
Another key issue for jurors, Wynne says, is whether the city bears responsibility for giving officers broad discretion on driving speeds during emergency responses-without clear limits or adequate training.
“They’re given some leeway, but they clearly went over it,” he said. “And the absence of appropriate training and guidelines by the city… that’s going to weigh heavily in the plaintiff’s favor.”
Both sides are set to deliver 30-minute closing arguments on Tuesday before the case is handed to the jury.
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