Houston Police Department
Surveillance video of the Dec. 26, 2021, crash involving Charles Payne and Houston Police Department officer Christopher Cabrera.
After days of deliberation, a federal jury on Monday awarded $13 million in damages to the family of a 75-year-old man who died in a car wreck involving a Houston Police Department vehicle.
The jury found that the City of Houston’s polices allowed HPD officers to drive recklessly, calling that “the moving force” in the man’s “death and violation of his constitutional rights,” according to federal court documents. The jury also ruled that the city “was deliberately indifferent” in adopting an “inadequate” policy.
On Dec. 26, 2021, Charles Payne was driving south on North Shepherd Drive in Houston. According to the lawsuit, Payne was attempting to turn left across the northbound lanes of Shepherd when an HPD patrol officer crashed into the side of Payne’s vehicle. Payne died due to injuries sustained during the crash.
Sign up for the Hello, Houston! daily newsletter to get local reports like this delivered directly to your inbox.
The attorneys representing Payne’s family, Ben Crump and Paul Grinke, said in a statement the jury’s ruling recognizes the “truth of what happened to Charles Payne.”
“This verdict cannot erase the overwhelming pain of losing him, but it is an important measure of justice for his family,” the statement reads. “We hope this decision helps strengthen policies to ensure that law enforcement operate their vehicles in a way that keeps the communities they serve safe. We hope that no other family has to experience a tragedy like this.”
Attorneys for Payne’s family, who filed the lawsuit in the U.S. District Court for the Southern District of Texas, alleged the officer was driving faster than 70 mph in a 35 mph zone and that the crash would likely not have occurred had the officer been driving the speed limit. The attorneys also argued that the city’s policy regarding speeds for police encouraged officers to travel above the speed limit.
Officer Christopher Cabrera was behind the wheel of the police vehicle at the time of the crash and was not responding to a call, instead driving back to a nearby police station, according to the lawsuit. Cabrera was originally listed as a defendant in the lawsuit, but was later granted qualified immunity, according to court documents.
Houston City Attorney Arturo Michel said in a statement to Houston Public Media on Tuesday the city respects “the work” of the jury and the court, but would be exploring an appeal.
“[The City of Houston] will closely examine the record to assess an appeal under Fifth Circuit Court of Appeal standards the (sic) typically have not allowed similar claims to succeed,” Michel said. “The COH lawyers will also engage in discussions with the lawyers for the Payne family to explore any resolution.”
The city has 30 days to appeal the decision.