HOUSTON – A Houston man has filed a federal lawsuit against the Harris County Sheriff’s Office, claiming he was wrongfully arrested earlier this year.
While the charge against Gilbert Cruz, 58, was eventually dismissed, he claims the entire incident severely damaged his life.
“I'm having to start all over again right now,” Cruz said.
In May, Cruz was arrested and spent two months in the Harris County jail, charged with the misdemeanor offense of “interference with public duties.” Cruz said he was offered a deal to get out of jail in 10 days, but refused to plead guilty to a crime he said he didn't commit.
“I did not do anything wrong,” Cruz said.
Since Cruz couldn't afford the $3,500 bail, he sat in jail until the charge was dismissed. During that time his car was repossessed for non-payment, which destroyed his credit, and he his lost his job with the U.S. Census Bureau. Cruz said he still owes $15,000 on his car because of penalties due to nonpayment.
“I'm without transportation, I'm without employment; I struggle to meet my bills, my responsibilities,” he said. “I'm thankful for the freedom, of course, but it has been a struggle.”
Cruz' ordeal began when he gave a homeless friend a place to stay until she got back on her feet. Cruz said when he told the woman he couldn’t help her any more, she refused to leave his apartment. Cruz said the woman then called the sheriff's office; claiming he roughed her up. A sheriff's deputy realized the woman was lying about the assault, but still arrested Cruz for interfering with a public servant. The deputy claimed Cruz wouldn't leave his own apartment so he could question the woman alone.
Court records show the District Attorney’s Office dismissed that charge for insufficient evidence. Cruz’s record was expunged in September. Still, he said the damage was already done.
“I’m not a rich man or anything, so to rebuild my credit again, it takes money,” Cruz said. “Everything that I've attempted to accomplish in the last 20 years has been wiped away with this one incident.”
This is why Cruz said he has now filed a federal lawsuit against the sheriff's office. Houston attorney Jerry Friedman represents Cruz in that lawsuit.
“It was an illegal arrest, Texas case law is clear it was an illegal arrest, the U.S. Constitution is clear it was an illegal arrest,” Friedman said.
Cruz said while his record is clear, he definitely does not feel he's been made whole. Yet, he has no regrets.
“To be disrespected, to be treated like nobody, you're nothing, for standing up for that? No sir, I don't regret that,” Cruz said.
Since there is a pending lawsuit, the sheriff's office referred KPRC’s questions to the Harris County Attorney's Office, who did not have a statement on the matter.