From [HERE] HOUSTON -- An unarmed Black man who was shot in the neck by a Houston police officer has become the latest person of color to allege police brutality in a lawsuit against the city of Houston.
Steven Guidry, 42, who lives on Houston's south side, was shot after an officer tried to pull him over for failing to use his signal before turning on Feb. 24, 2010, on Noel Street. At the time, Houston police said he was shot because the officer feared he was reaching into his coat, potentially going for a weapon.
In his lawsuit filed Tuesday in Houston Federal Court, Guidry points out that he was unarmed and no drugs were found in his car, and he claims his hands were clearly visible on his steering wheel when the officer drew his gun and then fired.
In his lawsuit on Guidry's behalf, Anderson writes, "There was no objectively reasonable basis for (the officer) to use deadly force against Plaintiff since Plaintiff was not attempting to escape and posed no significant threat of death or serious physical injury to (the officer) or anyone else.
The lawsuit alleges that "Defendant Green withdrew his weapon and placed his finger on the trigger before he made a conscious decision to shoot Plaintiff." Guidry spent 23 days in the hospital, was released with a walker in March 2010, but he returned to the hospital within the past week when his throat collapsed. His lawyer said he continues to have complications from the shooting.
"He's pretty weak and can't talk very long without having problems with his throat," attorney Sylvester Anderson said.
The lawsuit names Houston Police Department Officer Brendon Delon Green, and the suit points out that he never called for backup despite his belief that he was confronting two uncooperative men at night in a high-crime area.
Guidry's lawsuit claims he did not run from police, but merely continued driving to a friend's home nearby when he saw police lights behind him. After Guidry was shot and hospitalized, Green filed charges against Guidry for interference with duties of a public servant. He was not charged with felony fleeing.
Charges against Guidry were dismissed after a jury failed to reach a verdict in his trial on the interference with duties of a public servant charge.
Guidry's lawsuit accuses Green of lying about which hand was being used to supposedly reach for a potential weapon. The suit also accused the officer of giving conflicting stories on the witness stand, while also telling a story that was not supported by the physical evidence at the shooting scene.
This lawsuit adds fuel to an already intense controversy over police brutality within the Houston Police Department. Last year's videotaped beating of teenage burglar Chad Holley prompted several other reports of abuse to attract attention. City Council members, community activists and others have stated that additional reports of police brutality would be surfacing, and the department has struggled to explain other shootings of unarmed citizens in the recent past.
Guidry's lawsuit says he has already incurred $277,000 in medical bills and will continue to require treatment for painful complications that may linger for the rest of his life.