Family of unarmed man killed by deputy seeks justice, files suit
Suit points out that officer had an arsenal of nonlethal weapons but went with gun
A teary-eyed Marketta Thomas on Thursday stood on the steps of the 17-story Harris County civil courthouse in downtown Houston as her family announced the filing of a civil rights suit in last month’s shooting death of her unarmed brother by a Harris County sheriff ’s deputy.
“I was robbed. My nieces and nephews were robbed. He meant everything to me,” Thomas said. “I just hope that my brother’s life is justified and not swept under the rug.” She appealed to District Attorney Kim Ogg, “to give my brother justice.”
Thomas’ father, Donald Woods, also spoke for the first time publicly about losing his son, Danny Ray Thomas, who died from a single bullet fired by Harris County sheriff ’s deputy Cameron Brewer.
“He was my first born,” Woods said. “Seeing him come into this world was a great feeling. It was terrible to see the way he went out.”
Friends and family members held signs with Thomas’ initials, D.R.T standing for “Do the Right Thing,” which the crowd chanted.
Also standing on the courthouse steps was the family’s attorney Benjamin Crump, who has represented the family of Trayvon Martin in Florida and handled high-profile cases involving the shooting deaths of other black men by police, most recently Stephon Clark in Sacramento, Calif.
“This lawsuit is about dealing with issues that are too well-pronounced in America ... unarmed citizens killed un-
necessarily by the people who are supposed to protect and serve us,” Crump said of the filing made late Wednesday.
Attempts to reach Brewer, who was placed on administrative leave, for comment were not returned by press time Thursday. Likewise, his attorney did not return calls and emails
Because the shooting happened in the city limits, the Houston Police Department is investigating the possible criminal aspects of the case. Once the department is finished, it will hand its evidence to Ogg’s office, a spokesperson for the office said. The district attorney’s office also said the case will go before a grand jury.
When the shooting occurred, Crump and Houston co-counsel Bob Hilliard, said Thomas was experiencing a “mental crisis” — at the busy intersection of Imperial Valley Road and Greens Road. It was only a block away from his Greater Greenspoint home, Marketta Thomas said.
The incident began about 1 p.m. on March 22 when Brewer approached Thomas. Thomas, 34, was reportedly standing in the middle of the road and striking passing cars.
Though family members say Thomas was never diagnosed with a mental illness, Sheriff Ed Gonzalez and Thomas’ attorneys have said he was in distress that day and foaming at the mouth.
As Thomas continued standing in the road, a driver got out of his car and shoved him. That’s when deputy Brewer arrived and commanded Thomas to stand down.
Dashcam video, released by the Harris County sheriff’s office a few days after the shooting, showed Thomas continuing to walk toward a backpedaling Brewer, who had his gun drawn, additional cellphone footage from the scene revealed.
After 16 or 17 seconds, Brewer fired a single shot into Thomas’ chest.
Less lethal option
According to the family’s lawsuit, “Thomas was visibly unarmed, wobbling unsteadily, and had his pants around his ankles.”
“He didn’t need bullets. He needed a helping hand. But he got bullets,” Crump said. “We are struggling for answers to figure out why this happened.”
Crump was joined by Houston-area trial lawyer Bob Hilliard, and Thomas’ family and friends who held signs urging the Harris County District Attorney’s Office to seek justice and convict Brewer.
The central question the jury will face, Crump said, is why did the deputy reach for his gun instead of a less lethal weapon?
Brewer also was armed with a Taser, a police baton and pepper spray, according to the lawsuit.
He said the deputy could have employed a range of other techniques to save Thomas. Rather than attempt to assist Thomas, Brewer drew his firearm and, sixteen seconds later, Brewer fired his weapon, killing Thomas with a single shot, Crump said.
Thomas’ sister said the death two of his children in 2016 was devastating for him.
According to court testimony, his wife, Sheborah Thomas, drowned his 5-year-old daughter and 7-year-old son. She later hid the bodies under the nextdoor-neighbor’s home. Thomas was serving a three-year prison sentence at the time of his children’s death. His estranged wife is currently in jail awaiting trial.
“Can you imagine that? He lost a big part of his world,” she said.
Office reviewing policies
The family’s civil action attempts to paint Harris County Sheriff ’s Office as one that has a bias against people of color. The suit lists at least 14 other incidents by the Harris County Sheriff’s Office within the last five years that the family contends illustrate the office’s negligence in shootings.
Sheriff Gonzalez has said his office is currently reviewing its policies and training efforts in light of Thomas’ death. A report of the findings is expected to be released later this month.
Crump and Hilliard called the shooting a violation of protections set forth in the Fourth Amendment to the Constitution.
“The heartbreak has been heard by America too often recently when excessive force is used by law enforcement,” Hilliard said. “The video clearly shows … that the officer was not in danger of his life, for him to choose lethal force was unnecessary and a violation of this man’s civil rights.”
Though the district attorney’s office said there is no set timeline to present evidence to a grand jury, Hilliard said a jury will decide in eight to 12 months if the sheriff’s office was negligent in Thomas’ death.