HOUSTON, Texas (KTRK) — This week, the City of Houston is defending itself in federal court after the death of a man hit by an HPD cruiser that documents allege was being driven at twice the speed limit.<\/p>\n
After nearly four years of waiting, a trial regarding the crash that occurred the day after Christmas on North Shepard Drive got underway on Monday. It’s not a criminal case, but a civil one.<\/p>\n
The argument, attorneys said, is whether HPD created a culture of speeding, which led to Charles Payne’s death. The crash was caught on camera and shown to jurors on day one.<\/p>\n
While it played, Payne’s family looked to the ground and sobbed in the courtroom. Later, Payne’s widow, Harriet Payne, took the stand.<\/p>\n
With tears in her eyes, the 75-year-old’s wife told jurors it’s like her whole world ended the day of the deadly crash. According to an accident reconstruction expert, it was a collision that could’ve been avoided if the officer hadn’t been going twice the speed limit.<\/p>\n
Attorneys said HPD officer Christopher Cabrera was driving 70 miles per hour on a 35-mile-per-hour street, but wasn’t responding to a call. They said at the same time, Payne attempted to make a left turn.<\/p>\n
The two collided. Accident reconstruction expert Stephen Irwin told jurors had the officer been going the speed limit, his position, even two seconds before impact, would’ve been enough time for Payne to cross safely.<\/p>\n
In order to stop before the collision, Irwin said the officer would’ve needed 200 feet because of the speed he was traveling. Irwin told jurors that data from the HPD cruiser showed the officer applied the brakes.<\/p>\n
However, it came less than a second before impact, and Irwin said at that point it was too late.<\/p>\n
The family’s attorneys say speeding is an acceptable practice at HPD. During a deposition, they said Cabrera testified that, per their policy, officers don’t pull each other over and aren’t disciplined for driving over the speed limit.<\/p>\n
During opening arguments, city attorneys took aim at the man who was killed. They said he suffered from medical issues, including clogged arteries and diabetes.<\/p>\n
They said that with Christmas the day before, and the food he consumed, his health may have played a factor in the crash. City attorneys also said Payne should’ve stopped before the turn, and the crash could’ve been prevented.<\/p>\n
Legal experts say this trial is rare. That’s because normally, public servants are given protection from lawsuits.<\/p>\n
However, a judge decided this case could move forward.<\/p>\n
There are several more witnesses, including Cabrera.<\/p>\n
The judge said he expects this case should last about a week.<\/p>\n
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