A federal civil rights suit was filed on Friday by civil rights attorney Randall Kallinen for David Braxton Scherz Jr., claiming that Harris County deputy constable Jimmy Drummond held him down and kicked him so hard his rib was broken, an incident captured on patrol car cameras following a traffic stop outside his home.
David Braxton Scherz Jr., 26, was arrested on Sept. 10, 2011, along with his father, mother, sister and aunt at the home. The family came outside, and his mother could be heard asking deputies why they came on their property. Her son was stopped for running a stop sign and had pulled into the driveway. When she came out on the porch she was told to go back inside or be placed in the patrol cruiser. When she told the deputy he did not have permission to be on her property, he detained her.
Dash-camera video from the one patrol car shows Scherz lying face down in the street with his arms behind him and deputies holding him down. Another deputy constable identified as Jimmy Drummond walked up and could be seen kicking Scherz five times in the ribs. Later, he appears to give Scherz’s head a final kick after he is handcuffed. It was said at the time that Scherz’s family were also brutalized. They also were arrested and jailed.
“It was very disturbing that someone who weighs 400 pounds, and you can see him putting all his might into it, kicking him five times in the side, breaking his rib, his face was all messed up, then when he’s handcuffed, he’s got his face into the hot, hot pavement,” Kallinen said.
Because of the seriousness of the charges, Drummond has been suspended from duties by his current boss, Montgomery County Precinct 3 Constable Ryan Gable. At the time of the events, Drummond was a sergeant at Harris County Precinct 4. He faces up to a year in jail, and $4000.00 in fines. He is due in court later this week. Hopefully, justice will be served.
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