Brutality Case Against Austin Police Officers Set to Begin: Handcuffed Latino Man Lying Face Down Beaten by Cops on Videotape

Three police officers cleared in a brutal beating must now face their accuser again in court.

Former Austin Police Officers Joel Follmer, Brad Heilman and current officer Christopher Gray were caught on dash-cam video beating a suspect in September of 2005. The suspect, Ramon Hernandez, was held down on a bed of fire ants. Gray and Heilman were cleared of criminal charges by jury. Charges against Follmer were later dropped. On Monday all three will once again be defendants in court.

The last time Ramon Hernandez was in a court room, he left disappointed. But on Monday Hernandez believes his new civil case will play out much differently. Hernandez still can’t believe how the 2006 criminal case ended.

“It was pretty shocking and unbelievable,” said Ramon Hernandez. “It is to push for justice and accountability, so we can hold them responsible for what they did.”

Nearly 3 years later Hernandez will face the 3 officers again, this time in a federal court room.

The incident happened after Hernandez left the scene of an accident on Burnet Road in North Austin. The argument used during the 2006 criminal trail to justify how the arrest went down will most likely be used again during the federal civil trail. At that time, defense attorney Terry keel told the jury that, off camera, Hernandez made threatening moves and refused to cooperate. Hernandez was handcuffed and face down in an ant pile. His attorneys say they won’t be stung again.

“When this case went to trail, the first time, I think a lot of smoke and mirrors created the perception that Ramon was a danger that he never really was,” said attorney Tim Flocos.

 “This sets the standard as to what is acceptable in APD and what is acceptable in our town, and I think we’ve all been waiting for that,” said Amber Vazquez-Bode, Hernandez’s other attorney.

At the end of the 2006 criminal trail Hernandez hugged Gray and Heilman. While he says he has forgiven the men, he is not willing to give up his legal fight.

“It is to hold them responsible, liable, their accountabilities, for their actions for what they did, and to seek justice,” said Hernandez.

Of the three officers on the tape, only gray remains on the job. The City of Austin was removed from the lawsuit, but according to Hernandez’s legal team, a city attorney will help defend the three men. Lead defense attorney Tom Stribling declined to comment for this story. [MORE]