A Houston deputy was charged with a misdemeanor two years after a dash cam video shows him repeatedly kicking a man who was already being smothered by several other deputies in a melee in which four other family members were arrested, including a woman for video recording with her iPhone.

Harris County Sheriff’s Captain Jimmie Drummond, who kicked the man so hard that he ended up with broken ribs, is facing a single charge of official oppression, punishable by up to a year in jail, which we know he will never serve.

The initial reason for the confrontation was that the man allegedly ran a stop sign, even though he was never cited for that.

Instead, David Braxton Scherz Jr., 26, was charged with criminal mischief for denting the hood of a deputy’s car, apparently from when they slammed him against it.

Also arrested in the September 10, 2011 incident were his father, mother, aunt and sister, all who ran out the house after he had pulled into the driveway, and saw him laying facedown with a bunch of deputies on top of him. They were arrested for refusing to go back inside the house.

The dash cam video, which was only released last month after the family filed a lawsuit, shows the usual routine of cops piled on top of a suspect, punching and kicking him, while yelling at him to place his hands behind his back, even though the man is pleading that he is unable to breathe.

Drummond, who was promoted from sergeant to captain since the incident, is no longer working for the Harris County Sheriff’s Office, even though the local media hasn’t given an explanation as to what happened.

On September 3, 2013, ABC Local stated that Captain Jimmie Drummond was under investigation by the district attorney as well as by his own department.

Then on September 9, ABC Local was referring to him as a “former” deputy without explaining why, which is typical media spin to help the sheriff’s office save face, even though they had promoted and protected him for two years after the incident.

According to the Houston Chronicle:

All charges against the five family members were dropped last year by Harris County prosecutors, who determined there was no probable cause for their arrests.

Scherz was not given a traffic citation but instead charged with criminal mischief for denting the hood of a deputy’s vehicle. Scherz said he was trying to take shoes to his mother, who was being dragged by officers to a patrol car.

“I think that the force they used against my family and I was wrong,” said David Scherz. “I don’t think they listened when we were trying to see what the problem was to begin with, and I think the methods they used were excessive.”

His father, David Braxton Scherz Sr., 58, who goes by his middle name, was arrested on a felony assault charge, accused of striking one of the officers.

David’s sister, Elizabeth Scherz, 24, was charged with felony assault of a police officer. On audio and video tapes subpoenaed by defense attorneys, an officer can be heard saying “Get her, she has a camera,” as she stood in the driveway filming the arrest of her mother and father. Deputies also confiscated the iPhone the woman was using to film the arrests.

A sheriff’s official made it seem as if all the family had to do was file an complaint against Drummond to see justice served, which we all know is laughable.

Constable Pct. 4 Chief Deputy Jim Sumner said the family should have made an official complaint sooner. He said the incident began as a call of an officer needing assistance and that the family “attacked” the responding officers.

“If they felt they were wronged, they could have filed a complaint at anytime but no complaint was ever filed until 30 days ago,” said Sumner. “If there is wrongdoing, we’ll take whatever action is deemed necessary.”

The truth is, they would most likely have deleted the evidence, then claimed there was no sustainable evidence to support the claim against the officer.

After all, we already know they confiscated the sister’s iPhone and arrested the rest of the family for refusing to go back inside while they beat, punched, kicked and pepper sprayed their loved one, so transparency is not their strongest suit.

David Scherz

David Scherz, after the beating he received from Harris County Sheriff’s deputies.