Man sues city, officers over police shooting
A Houston police officer failed to identify himself as law enforcement before shooting a man in January 2020 during an undercover operation, according to a civil lawsuit filed Friday in the Southern District of Texas.
Officers Aaron Petty and John Sanders were named as defendants, along with the city of Houston. The suit contends that Petty used excessive force when he shot plaintiff Keith Martin, 45, from an unmarked car on Jan. 9, 2020.
At the time, police said the plain-clothed officers were conducting an undercover surveillance operation when Martin approached them and attempted to open their unmarked Chevrolet Silverado pickup. Police said one officer opened fire from the vehicle when Martin reached into a backpack to grab what police thought would be a gun.
Martin’s lawyer, Andre Evans, said in the lawsuit that Martin was not armed. He had been offering his car detailing service at the time and did not know he was interrupting a police operation, Evans said. While Martin survived the shooting, he still faces lasting physical and psychological trauma, he said.
Martin has requested a federal jury trial. The Houston Police Department referred questions to the city.
“The city prefers to let a lawsuit run its course in a court of
law, instead of commenting publicly on the allegations,” according to a statement from Mary Benton, spokeswoman for Mayor Sylvester Turner.
Police said Martin approached the officers’ vehicle around 1 p.m. in a Walgreen’s parking lot in the 8000 block of Martin Luther King Boulevard.
The officers were not wearing body cameras at the time. According to the police account, Martin gestured for the officers to get
out and, at one point, struck the hood of the truck with his hands. Martin tried to open the driver-side door and said “I got something for you,” which the officers took as a threat.
Evans said Martin was simply trying to offer his services, but the officers did not respond to his attempts. Martin eventually stood in front of the vehicle to get their attention.
Petty shot Martin four times through the windshield from the passenger seat, the lawsuit said. The suit noted that Sanders did not draw or fire his weapon from the driver’s seat.
After the shooting, the officers arrested Martin on a charge of terroristic threats, which was dismissed in June.
Martin, a father of three, is now living with family in Houston, Evans said. Two bullets could not be removed from his body. He still suffers from back pain and body aches, Evans said.
In addition to the excessive force allegation, the lawsuit contends that Martin, who is Black, was unlawfully arrested and that race played a role in the shooting.