A federal jury has delivered a landmark $13 million verdict to the family of Charles Payne Sr., a 75-year-old father and grandfather killed when a speeding Houston Police Department officer slammed into his car on North Shepherd Drive in December 2021. The verdict—issued in the Southern District of Texas—finds the City of Houston liable for Payne’s death, citing unconstitutional policies and long-standing failures in training and supervision that allowed dangerous driving practices to go unchecked.
The decision marks a pivotal moment in a case that has drawn intense scrutiny throughout the Heights, Garden Oaks, and Oak Forest communities, where the fatal crash occurred.
A Preventable Tragedy
Payne was driving home from church on Dec. 26, 2021, when Officer Christopher Cabrera—who was not responding to an emergency call and had no lights or sirens activated—sped northbound along the 4600 block of North Shepherd at nearly 70 mph in a 35 mph zone. Payne attempted to make a left turn onto Thornton Road and never saw the fast-approaching cruiser. He died hours later at a hospital.
HPD initially released few details, and the officer was placed on paid administrative leave pending investigation.
Pattern of Dangerous Driving
During the recent federal trial, Payne family attorneys presented evidence that HPD routinely allowed officers to drive more than 20 mph over posted speed limits even when not responding to emergencies. This unofficial practice, the jury concluded, created unacceptable risks to the public and represented deliberate indifference on the City’s part.
The jury determined that these systemic lapses—and not just Cabrera’s individual actions—directly caused Payne’s death and violated his Fourteenth Amendment right to life.
A Long Road to Trial
The verdict comes nearly eight months after the U.S. Court of Appeals for the Fifth Circuit ruled the Payne family could proceed with its civil claims. The City of Houston had attempted to dismiss the case by asserting sovereign immunity, arguing Cabrera was reacting to an emergency.
The appellate court disagreed. Even if Cabrera had been responding to an emergency, it ruled, his excessive speed and lack of emergency signals constituted reckless conduct under state law.
“This decision protects everyone who shares the road,” McCathern attorney James E. Sherry said at the time. “A badge does not shield someone from accountability when their actions result in preventable death.”
Jury’s Message: Accountability Matters
The $13 million award includes more than $7.3 million to Payne’s widow, Harriet, for loss of companionship, pecuniary loss, and mental anguish. Substantial damages were also awarded to each of Payne’s seven children.
The family was represented by a legal team from McCathern, Shokouhi, Evans; the Law Office of Ben Crump; and co-litigator Paul Grinke.
“This verdict is not just about what happened to Charles Payne—it’s about preventing it from ever happening again,” said attorney Carl L. Evans Jr. in a media release. “The jury sent a clear message that no city is above accountability when its policies put the lives of the people it serves in danger.”
Payne, described by relatives as a gentle presence deeply rooted in his faith and family, left behind a grieving widow, seven children, and 13 grandchildren. His death shook his community—and galvanized ongoing conversations about public safety on high-traffic corridors like North Shepherd.
While the verdict represents a major step toward closure for the Payne family, it also calls renewed attention to HPD policies governing officer driving, emergency response, and accountability. The City may appeal the ruling.