State of Texas v. K.P. - Dismissed on October 27, 2006
On August 24, 2006 at 1:25am, police were dispatched to an accident at the intersection of Bissonnet and Ashby in Houston, Texas. At the scene officers' observed that the driver of a 2003 Infinity had lost control struck a curb and left the roadway hitting a guide wire connected to a utility pole. Officers spoke to a witness who stated that he was a passenger in the vehicle and that just prior to the accident he and the driver were arguing and that the driver was punching him in the face when he lost control. Witness stated that the driver ran from the scene and that driver was staying just a few blocks away. Witness directed officers to Client's residence. Additional witnesses stated that they saw a young man run from the scene, but no one but the alleged passenger identified Client as the driver. Once at the residence officers knocked on the front door and windows trying to get Client to answer the door. Officers eventually jumped a fence and went into backward and knocked on back door. Client answered the door in his underwear, telling the officers that he did not want to speak to them. Officers forced their way into home and tasered Client several times, and then took him into custody. Officer reported observing an odor of alcohol, red eyes, and slurred speech. The officer also observed that Client's ability to walk was unsteady and his balance was poor. When asked whether he had anything to drink, Client admitted drinking. The officer reported that Client refused to perform Standardized Field Sobriety Tests. Later, Client also refused to take a breath test.
In my office Client showed me marks where he was tasered at least 6 times, which were photographed. Client provided vehicle registration showing that the 2003 Infinity was registered in the home owner's name and not Client's name. Client also provided pictures that showed officers broke the French Doors on the back of the house in an attempt to gain entry. Client also stated that he was not asked to do any FSTs, which makes sense because Client was tasered six times.
Witness also came to my office and signed a sworn statement that if called to testify that he would invoke his 5th Amendment Right against self-incrimination. Witness also stated that officers conducted FSTs on him at the scene and that he told the officers that he was intoxicated.
In short, Houston Police officers on the word of an intoxicated individual found outside of the car at an accident scene, went to the address of the car's registered owner, a 70 plus year old man, and forced their way into a house with no arrest or search warrant and tasered a 20 something year old man because he did not want to come out of the house and talk to them.