HARRIS COUNTY - A former Harris County Precinct 4 deputy constable is facing charges for allegedly beating a man during a traffic stop. The charges came just one day before the statute of limitations was set to expire.
Jimmy Earl Drummond, 45, is charged with official oppression, which is a Class "A" misdemeanor.
Officials said the incident occurred on September 10, 2011 and was caught on camera.
Court documents state Drummond delivered five kicks to the chest area of the subject, David Scherz, Jr.
Drummond also allegedly dropped his knee forcefully onto Scherz's neck, grabbed him by his head and pulled it back while he was handcuffed and face-down on the ground.
Randall Kallinen - Scherz Family Attorney
"Certainly, based upon the video, his role is the most dramatic. You can see him kicking 5 times really hard in the ribs," said Sherz family attorney Randall Kallinen. "And then you can see when the guy's handcuffed, he then pulls up his head - punches him, slaps him."
According to court documents, Scherz suffered a rib fracture and various scratches and contusions on his face, head, neck, arms and chest.
Five family members were arrested that day, but the charges were dropped in June.
"It was pretty much chaos as my mom was getting arrested. We were yelling, you can't do this in our country, this is excessive force," said Scherz.
The Internal Affairs Division of the Precinct 4 Constable's Office led an investigation regarding the abuse of force issued by the Scherz family on August 16 of this year.
The family has since filed a lawsuit.
The results of the investigation were submitted to the Harris County District Attorney's Office, Police Integrity Division.
The Harris County District Attorney's is continuing their review of this case.
In a statement, the Precinct 4 Constable's Office said, "No one in law enforcement supports abuse of official capacity in the use of force and likewise we do not support assaults on an officer in the performance of their duty."
Drummond is expected to appear before a judge on Friday. The Scherz family lawyer says the family is expected to be there.
If convicted, Drummond faces up to a year in jail and a $4,000 fine.
The other four members of the Scherz family involved in the incident joined Jason Scherz, Jr., filing a lawsuit of their own. They claim Drummond and other Precinct 4 deputy constables also used excessive force against them.
Copyright 2013 by Click2Houston.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.