HOUSTON – Former Harris County Precinct 4 Deputy Constable Jimmy Drummond faced a jury Tuesday morning and pleaded not guilty after being accused of using excessive force during a traffic stop back in 2011.
The charge was dismissed in 2013, but the Harris County District Attorney's Office appealed that ruling, which brought the case to trial Tuesday.
Drummond is facing the charge of official oppression after a video surfaced of him beating a man during an arrest, prosecutors said. He is seen kicking the victim David Scherz Jr., five times in the chest, according to prosecutors. The victim's attorney said Drummond also dropped his knee onto Scherz's neck and pulled his head back while he was handcuffed and on the ground.
Scherz suffered broken ribs and bruises to his body, prosecutors said. Records show other members of Scherz's family were also arrested that day.
In court Tuesday morning, the jury heard opening statements in the case. The prosecution said Drummond, who was a sergeant, abused his power as a peace officer. Drummond was supposed to calm the situation but instead he became violent, according to prosecutors.
Drummond's attorney then told the jury during opening statements he believes this case is all about money. He said that the day the statute of limitations on the case was set to expire, Scherz and his family filed a civil lawsuit for an unspecified amount of money.
Several witnesses will take the stand, including several officers from Precinct 4.
If convicted, Drummond faces up to a year in prison and a $4,000 fine.