HOUSTON, April 21, 2025 /PRNewswire/ -- The United States Court of Appeals for the Fifth Circuit issued an opinion on April 3, 2025, allowing the family of Charles Payne Sr. to proceed with a civil lawsuit against the City of Houston after Payne was killed by a speeding Houston Police Department Officer, Christopher Cabrera, on December 26, 2021. The Court of Appeals rejected the City's attempt to dismiss the case on the basis of sovereign immunity and found that Officer Cabrera acted recklessly by driving 70 miles per hour in a 35 mile per hour zone at the time of the accident.

The accident occurred on a Sunday afternoon in the 4600 Block of North Shepard Drive. Officer Cabrera, who was on duty, was returning to his precinct to complete some paperwork after earlier booking a drunk driving suspect in the joint processing center in downtown Houston. Although there was no existing emergency situation justifying excessive speed, Officer Cabrera reached a speed of 70 mph in a 35 mph zone as he raced to his precinct to complete his report. Charles Payne, a 75-year-old man who had just left church, was attempting to make a left turn  and did not notice the speeding cruiser, which had no emergency lights or sirens activated, coming toward him. Tragically, Officer Cabrera struck Mr. Payne's vehicle at high speed, and Mr. Payne succumbed to his injuries within hours. Had Officer Cabrera been traveling at the posted  speed limit or had he activated his emergency lights, this tragic incident could have been  avoided, and Mr. Payne would still be alive today.

Attorney Ben Crump represents the Payne family in the District Court and successfully defended  against Houston's motion to dismiss their negligence claims. The City filed an appeal, arguing  that Officer Cabrera was "reacting" to an emergency situation when, in fact, he was rushing to complete some paperwork. The Court of Appeals rejected that argument, and further held that even if Officer Cabrera had been responding to an emergency or 9-1-1 call when the collision occurred, his actions were reckless and violated relevant statutes, ultimately causing the tragic death of Mr. Payne.

James E. Sherry, an attorney with McCathern, Shokouhi, Evans, who represents the Payne family  in the appeal, believes the court's decision is a significant victory for the family. "The Payne family has endured tremendous pain since December of 2021 with the loss of Charles. He was  a husband, a father of seven, and a grandfather to 13. Police officers are not allowed to speed recklessly for no good reason. This decision by the Court of Appeals vindicates that principle and protects everyone who shares the road. A badge does not shield someone from accountability when their actions result in preventable death," said Sherry.

This ruling marks a significant step in ensuring responsibility for those in positions of power,  particularly when their actions result in the loss of innocent lives. The Payne family continues to seek justice for their loved one, and this decision brings them closer to achieving the recognition and closure they deserve. The McCathern, Shokouhi, Evans' law firm remains committed to fighting for justice in civil rights cases and advocating for the victims of unnecessary tragedy caused by reckless behavior.

For media inquiries, please contact McCathern Law Firm at 214-741-2662 | marketing@mccathernlaw.com and Shore Fire Media at McCathernLaw@shorefire.com

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SOURCE McCathern Law