Two police officers are seeking immunity from an excessive force lawsuit filed by a man they shot in the head with pepper bullets while he sat cross-legged on the ground outside a cemetery in Texas. The entire incident was captured on body camera, but the officers argue their actions were justified and protected by law.
According to Ronald Smith’s attorney, Andres Cano, Smith is an avid exerciser who, during the COVID-19 pandemic, spent long hours working out in the countryside to clear his mind. On June 27, 2021, Smith was exercising along a grassy area near Highway 46 in Guadalupe County when a police officer almost hit him with their cruiser. Smith responded by giving the officer a “one-finger salute” and continued his workout without further concern. However, Smith noticed the officer passing by several times afterward. Later, as Smith sat down on the grass to call his wife for a ride, two deputies, Hunter Saenz and Jimmy Gonzales, approached him with guns drawn.
Smith, who was sitting cross-legged with one hand in the air and the other holding his phone, immediately called 911 and informed the dispatcher that two officers were pointing guns at him. As seen in the body camera footage, the deputies then switched to using pepper guns and shot Smith in the head with pepper balls. The deputies allegedly tackled Smith to the ground, with one of them placing a knee on his neck, similar to the technique used in the tragic death of George Floyd. Smith’s attorney described the officers’ actions as excessive, claiming that the tackle was unnecessary and that the use of force was unjustified given Smith’s non-threatening posture.
Cano further stated that after the incident, the officers attempted to convince local property owners to press trespassing charges against Smith, but their efforts were unsuccessful. Smith was initially charged with evading arrest on foot, but those charges were later dropped. No further criminal charges were filed against him.
In response to the lawsuit, the officers filed a motion for summary judgment, asserting they were entitled to qualified immunity. The district court denied their motion, leading the officers to appeal the ruling to the 5th U.S. Circuit Court of Appeals. In their appeal, the officers argue that there was no clearly established constitutional right to be free from the use of a pepper ball gun in such a situation. They claim their actions were reasonable due to Smith’s alleged erratic behavior and refusal to follow their orders after one officer tried to detain him.
However, Cano contends that the officers’ appeal is without merit, calling it “patently frivolous.” He argues that the body camera footage clearly shows the officers using excessive force and that their defense is disconnected from the facts of the case. Cano pointed out that Smith was not a threat and was sitting calmly when the officers approached him with drawn weapons. The attorney emphasized that the body camera footage contradicts the officers’ claims and serves as irrefutable evidence of misconduct.
Cano also highlighted the risk of using a knee on a person’s neck, referencing the George Floyd case, and questioned the officers’ understanding of the severity of their actions. He believes that law enforcement, in this instance, is trying to disavow the reality captured on the video and is using a defense that is not based on the law, facts, or circumstances of the case.
The officers’ attorneys did not immediately respond to requests for comment. The case remains under review by the 5th Circuit Court of Appeals.
