Officer in excessive force case explains actions, records show

Push to ground was meant to protect man from possible gunfire, he writes

A Houston police officer named in a lawsuit alleging excessive force had an explanation for why he pushed a drug suspect to the ground during a 2015 traffic stop, according to documents released in response to a Houston Chronicle records request.

The lawsuit filed last month says Larry Moore Jr., 33, was “violently beaten, harassed, taunted, wrongfully arrested and denied medical attention.”

Officer Kevin Hubenak wrote in the offense report that he was trying to protect Moore from possible gunfire after Moore’s passenger seemed to reach for something inside the car, possibly a gun.

The city and the Houston Police Department previously declined comment and would not make the officers available for an interview, so the released offense report offers the closest thing to a first-person account from Hubenak, the only individual named in what a Houston Police Officers’ Union official called a “frivolous lawsuit.”

Moore filed suit in state court on July 7, the two-year anniversary of the traffic stop that led to his arrest after HPD officers found 2 pounds of marijuana in his car.

Moore alleged that Hubenak used excessive force and violated his constitutional rights. He seeks compensation from the officer, the police department and the city.

‘Cognizant of crossfire’

The lawsuit’s key claim is that, when Moore’s passenger ran away from police, Hubenak “suddenly and violently body slammed Mr. Moore on his neck, head and face, causing him to go into a brief state of shock, as well as a severe laceration and extreme swelling.”

In the written offense report submitted the day of the incident, the officer gave his account of why he pushed Moore. Hubenak said he was patting down Moore when he suddenly noticed his partner struggling with Moore’s passenger, Michael Brooks. Hubenak wrote in his report:

“After a few moments Mr. Brooks broke free from (my partner’s) grasp and dove toward the passenger side floor board of the vehicle. At this moment I knew the vehicle had not been searched and based upon many previous experiences I also knew beneath the front seats of vehicles is a common place to conceal handguns. While I feared Mr. Brooks may be retrieving a weapon I was also cognizant of the crossfire situation between (my partner), myself and Mr. Moore. In an effort to ensure Mr. Moore’s safety I immediately pushed him away from the open driver side door and out of (my partner’s) line of fire by placing my right hand on his left shoulder and pushing him to the ground to his right side. Upon hitting the ground Mr. Moore struck the right side of his face causing an abrasion and swelling to his right cheek area.”

Brooks led the two police officers on a foot chase that ended without injury. The three returned to the car, where Hubenak wrote that an armed Fiesta Mart security guard had stopped Moore when he tried to flee the scene.

In the lawsuit, Moore contends he asked several times for officers to call an ambulance to treat his injuries.

However, an HPD sergeant gave a different account in his use-of-force supplement attached to the officers’ offense report. Sgt. G. Whitehead wrote that he came to the scene when he heard the officers on the radio reporting a foot pursuit. Whitehead wrote that he saw Moore had “a minor contusion under his eye with minor swelling in the same area.”

“I asked (Moore) if he need(ed) any medical attention and he stated he did not,” the sergeant wrote.

The officers then transported Moore and Brooks to HPD’s central jail, according to the lawsuit and the offense report. The documents agree that medical staff refused to admit Moore as an inmate because of his injuries, leading officers to take him to Ben Taub Hospital for treatment.

Moore’s lawsuit says he lost his job because of recurrent headaches caused by injuries during the 2015 incident. In a 2016 court document, Moore wrote that he had a job with a temp agency for three years that ended “a couple days after I was charged.”

Moore’s lawsuit alleges excessive force and “delay and denial of medical treatment and failure to protect while in custody.” The suit seeks an unspecified amount of compensation for his injuries, pain, mental anguish and medical expenses, as well as punitive damages. Moore’s attorney, Andre D. Evans, asked that the defendants disclose relevant information within 50 days.

Plea bargain has ‘issues’

Hubenak and HPD were served with copies of the lawsuit on Aug. 1 and July 27, respectively, according to the Harris County district clerk’s records. There is not yet a hearing scheduled in the case.

In Moore’s criminal case, court records show he accepted a plea bargain in May. Prosecutors dropped the felony charge of possessing several pounds of marijuana in exchange for Moore pleading guilty to a misdemeanor charge of possessing several ounces. He was sentenced to two days in jail as well as drug education.

Moore’s attorney declined to comment on the plea bargain except to say “there are some issues as far as that goes.” Moore does not have any other criminal record in Harris County, and he does not appear to have any other criminal convictions.

In addition to the offense report, HPD also released the public disciplinary histories of the two officers involved.

The department sustained a citizen’s February 2012 complaint of improper police procedure against Hubenak, who joined the Houston police force in 2008 after five years as a Missouri City officer. The only other sustained complaint listed is a July 2013 car crash in which he was found to be at fault.

Hubenak’s partner, who also joined HPD in 2008, had two internal complaints sustained after a January 2013 car crash. He was found at fault and was found to have used improper police procedure.