BAYTOWN, Texas — A federal judge dismissed a civil rights lawsuit against the City of Baytown and a Baytown police officer in the shooting death of a woman four and a half years ago.
The excessive force suit was against officer Juan Delacruz in the May 2019 shooting death of Pamela Turner. It was filed by Turner's family in 2021. According to court documents, the case was dismissed on Tuesday.
In his summary judgment, Judge George Hanks Jr. writes, "a competent officer could have reasonably believed that the alleged temporary localized pain from a Taser – while not “likely” to cause “injury” – could nevertheless distract him or otherwise lead to the suspect gaining control of his service weapon and ending his life. A competent officer could have also reasonably believed that he needed to act quickly to secure his safety.”
Delacruz had already been found not guilty of aggravated assault by a public servant in a criminal case. That verdict was reached in 2021.
Delacruz shot Turner in May 2019 after trying to arrest her for outstanding warrants. The shooting happened at an apartment complex on Garth Road -- where they both lived.
Authorities said during the encounter, Turner grabbed Delacruz's Taser, used it against him and that's when he shot her five times. Jurors watched bodycam video of the shooting.
Turner's family said the shooting wasn't justified given Turner's history of mental health issues.
“Pamela Turner’s killing was a tragedy for her family and community. Bringing excessive use of force charges against an officer is always difficult and uncomfortable,” Harris County District Attorney Kim Ogg said Tuesday. “We respect the jury’s verdict.”
The death of Pamela Turner
Turner's family said she suffered from schizophrenia and Delacruz knew that. Neighbors also said she was no stranger to the police.
“She was mentally unstable, and the officer knew that because they had arrested her many times,” neighbor Latrice Jnofinn said. “Last time she got arrested here, they tasered her.”
Turner's family said the shooting was unjustified and the officer could have used less than deadly force. Instead, he shot at her five times, killing her, and it was all caught on camera.
The Snapchat video went viral, garnering national attention.
Black Lives Matter got involved as well as Rev. Al Sharpton, who delivered the eulogy at Turner's funeral. Civil rights attorney Ben Crump even picked up the case.
Some believe the shooting was justified, while others called it murder in plain sight.
It took a year and four months for Delacruz to be indicted in connection with Turner's death.
What happened during the trial
On the first day of the trial, both the prosecution and defense got through witnesses faster than expected.
During opening statements, prosecutor Tim Adams told the jury that while Tasers should be used in some situations, this was not one of them.
"It did not have to happen,” Adams said. “It should not have happened.”
Defense lawyer Gregory B. Cagle opted to defer his opening statement until later in the trial.
Prosecutors played body camera video during the trial, showing the struggle between Turner and Delacruz before he shot her three times.
Lt. Eric Lopez with the Texas Rangers testified Turner resisted arrest, then used the Taser on Delacruz’s genitals, which can cause serious bodily injury.
When asked by Cagle about the use of deadly force here, Lt. Lopez replied, “My opinion was that it was reasonable.”
Civil rights attorney Ben Crump is representing Turner's family in a civil lawsuit over her death.
“I don’t care what the Texas Rangers say. There is no way to justify this," Crump said.
The jury also heard from a use-of-force expert and the apartment complex property manager.