HOUSTON—There’s a concerning pattern in Houston that’s lasted more than a decade, activists and attorneys say: Nearly every officer-involved shooting is deemed justified by the law enforcement agency, and grand juries tend to concur.
They point to, among others, the August 2015 shooting of a 27-year-old man who had been suffering a mental health crisis and was stumbling around naked and unarmed in a Houston hospital, saying such incidents are not thoroughly scrutinized and demonstrate a lack of officer training.
Houston police say its training and policies make it clear the use of unnecessary or excessive force isn’t tolerated, that such incidents are carefully reviewed and that its training program on how to deal with individuals with mental illness and de-escalate dangerous situations is considered a model program nationally.
“If it can happen to me, it can happen to anyone. It’s important for people to be aware that these things happen,” said Alan Pean, who survived the hospital shooting and filed a lawsuit Tuesday against the city of Houston, the two officers involved, the hospital and others. Neither officer was disciplined. A grand jury in March declined to indict Pean, who now lives in New York, on two counts of aggravated assault of a police officer, and a third charge of reckless driving was dropped.
Pean’s attorneys say there are similar cases that show a pattern of excessive force, including the 2012 death of 38-year-old Kenny Releford, who was fatally shot by an officer who went to his home after Releford had suffered a psychotic episode. The officer was cleared in the shooting. Releford’s family also sued the city, and the case is set for trial in October; Pean’s attorneys also represent Releford’s family.
While some local community leaders and activists remain critical of what they see as the Houston Police Department’s recurring issues with use of deadly force, the incidents haven’t sparked large-scale protests like those seen in other parts of the U.S. that have dealt in recent years with high-profile shootings involving officers. Community leaders have credited the recently retired police chief’s public outreach efforts with helping maintain calm.
Between 2005 and 2012, nearly all shootings by Houston police were deemed justified, including 99 incidents from 2009 to 2012, according to court records and evidence gathered as part of the Releford lawsuit and a 2011 lawsuit. And the Houston Chronicle reported in March that the Police Department has declared every intentional officer-involved shooting since 2010 —more than 150 — justified.
“Innocent people in this city, including innocent people with mental health issues, are going to continue to be shot and killed by HPD officers until there is a cultural change in HPD,” said Walt Cubberly, one of Pean’s attorneys.
