Texas Deputy Criminally Charged After Dash Cam Shows him Repeatedly Kicking Man


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.

About Carlos Miller

Carlos Miller is founder and publisher of Photography is Not a Crime, which began as a one-man blog in 2007 to document his trial after he was arrested for photographing police during a journalistic assignment. He is also the author of The Citizen Journalist's Photography Handbook, which can be purchased through Amazon.

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  • Kristof Kelson

    That FAT fuck leo likes kicking shit. watch as he even kicks the dog

    • crazyassmofo

      Saw that…at 3:23 the fat ass cop kicks the small fluffy dog that clearly was not a threat to anyone.

      Isn’t that some type of misdemeanor animal abuse or cruelty charge, especially in Texas which has very strict laws regarding animal cruelty all the way up to Loco’s Law?

      It is also known that those who abuse animals will tend to abuse humans just the same.

      • rick

        Did the dog suffer internal injuries? Broken bones? Bruising? Even a scratch?
        No. Kind of hard to argue animal cruelty.

        • crazyassmofo

          So if I am standing alone on a sidewalk and kick a dog just like the officer did while with the Texas SPCA or a sheriff is sitting in a car watching and videotaping me do it…nothing will happen to me because I caused no bruising, broken bones or even a scratch?

          • rick

            Just like a shove isn’t a punch, the cop’s foot pushing the dog isn’t a kick. There is no animal cruelty in the video.

          • crazyassmofo

            Doesn’t answer the question…rick.
            Your logic is askew.
            You are hereby dismissed from the jury.

          • Difdi

            The difference between a shove and a kick seems to be like the difference between a personal defense weapon and an assault weapon. It’s one thing if someone with a badge does it, it’s the other when done by someone without.

          • Rail Car Fan


            It sounds like “Rick” is your typical cop apologist, so as far as he’s concerned…

            “Cops Can Do NO Wrong!”

            Rail Car Fan

          • John Sullivan

            a kick is a kick, there doesnt have to be broken fucking bones for it to be considered animal abuse you piece of shit.

        • Tom Joad

          They are lucky the nazi pos didn’t shoot the dog

          • L.C. in Texas

            Where was the people for animal cruelty?

        • L.C. in Texas

          Do we know what the dog suffered?

  • http://www.rockinghorseguy.com/ TheFlashingScotsman

    Fat boy there needs to spend some time in the local lockup. I’m sure there are some people there that would LOVE to meet up with him, without his badge.

  • joe bob
  • http://americancannibal.org/ American Cannibal

    WOW. We should drop Jimmie down on Assad’s head – too birds, one stone.

  • bc_motoguy

    The most interesting and relevant parts of this story are: what happened to the cellphone & video. And why the FBI arent involved.

    • $22798478

      I agree! I hope this family makes contact with the FBI. FAT FUCKING ASSHOLE

  • John Kruzelock

    Warped TEXAS justice. These assholes just made the rest of the LEO’s job allot harder. And your UNION protect these idiots. When are you police going to quit protecting your own, and face the the facts people see this and wonder how this happens, let alone from 2 yrs ago

    • crazyassmofo

      Police unions = criminal syndicalism against the citizenry.

  • Photog at Large

    >>they confiscated the sister’s iPhone and arrested the rest of the family for refusing to go back inside<<

    Plenty of things on the vid are concerning, but sticking to the primary focus of this site — the above snippet stands out. Since she was standing on her own private property, was it a lawful order to go back inside (esp if not 'interfering' with the LEOs) ? Are we not allowed to be on any part of our property, so long as we are not breaking any law (not just because a LEO tells us to do as told) ? Is the iPhone video available ? Was it deleted ?

    • Proud GrandPa

      This qualifies as a genuine violation of civil rights including photog rights. Your observations about the photog lady are telling. This is a sad video because of the apparent needless violence. Glad the justice system is addressing and not covering.
      I’ve recommended all police depts. use officer cams too. It would have helped to have heard the claims and counters in light of an accurate recording.

      • crazyassmofo

        Harris county sheriff’s office is the largest in Texas and third largest in the nation.

        There is no money in the budget for cameras when it is used to buy assault rifles, military gear and armored vehicles.

        The Harris police department SWAT team now has its own Boeing 737 jet airliner.


        Cameras…we don’t need no stinkin’ cameras.
        Because it would seem that whatever local law enforcement is gearing up for no one would want video evidence of that anyway…as it will amount to the equivalent of war crimes.

        Whatever happened to posse comitatus?
        It is being circumvented. Instead of having military troops patrolling US streets and policing citizens in violation of posse comitatus, the police have been militarized with actual military equipment and training tactics.
        Justification for this is now being seen with SWAT-style raids for incidences and crimes that do not require such an aggressive and elevated response.

        Despite political demands for troops and arms to protect the Texas border, state authorities have approved handing over the bulk of surplus military equipment offered by the Pentagon to nearly everywhere but South Texas.

        The Pentagon’s Law Enforcement Support Office distributed a record $468 million in surplus equipment nationwide last year – with $17.6 million of it going to Texas. Yet, few of the 111 trucks, 267 guns or 14,000 other individual surplus items went to counties bordering Mexico, according to a detailed breakout by the Defense Logistics Agency Disposition Services reviewed by the Houston Chronicle.

        Critics say the focus of the program in Texas has gradually shifted away from border security as the Texas Department of Public Safety – which helps decide what goes where – weighs more and more competing applications for equipment submitted by cash-strapped law enforcement agencies across the Lone Star State.

        “When you look at what was given out last year, you see only a few agencies along the border that got one or two pieces of equipment, while a few police forces elsewhere got pages and pages of equipment,” said Congressman Henry Cuellar, a Democrat from Laredo. “If people are going to talk border security, let’s put the resources into border security.”

        For example, the Round Rock police, 253 miles north of the border crossing at Laredo, received 4,526 pieces of surplus gear. The Wichita County Sheriff’s Department came in second with 2,212 pieces of equipment and police in Rising Star, 371 miles north of Laredo, counted 815.

        First-come, first-served

        Texas Gov. Rick Perry has routinely called border security a top priority in his third administration. He has made “repeated requests” to meet with President Barack Obama to discuss the need for greater federal resources along the border, says spokeswoman Allison Castle.

        But the geographic distribution of the equipment – most of it returning from the war in Iraq – stems solely from the location of agencies that submitted applications rather than decisions made by Perry’s designated coordinator for the program, she said.

        “It’s first-come, first-served, so every law enforcement agency in the program has equal access to the equipment,” says Castle. “Any law enforcement agency can sign up.”

        10% for the border?

        At the start, the Pentagon’s surplus equipment program, which since 1997 has doled out $2.6 billion in war equipment, was designed to help federal, state and local law enforcement agencies augment federal campaigns against drug trafficking, unlawful border crossings or the threat of terrorist infiltration. Texas has seen a 15-fold increase in the value of military gear awarded the last six years.

        But last year, of those 267 pistols and rifles awarded law enforcement agencies across Texas, 105 went to Odessa. Austin police got 977 pieces of equipment.

        But the growing deliveries of gear far from the border is provoking the ire of some Texans on Capitol Hill who want to force the Pentagon to allocate at least 10 percent of the equipment to federal and state agencies and award “a preference” to departments guarding the 1,969-mile border.

        “We need this equipment at the border,” insists Republican Congressman Ted Poe of Humble, who crafted legislation to force just such a preference. “We don’t need Humvees and Predators and night vision goggles in Dallas or Austin or Houston.”

        Even the well-connected Webb County Sheriff’s office, led by Martin Cuellar, the congressman’s brother, has only managed to obtain three major pieces of surplus military equipment since 2010 to bolster efforts across the border area. The equipment includes an all-terrain Humvee, an eight-ton armored personnel carrier and an observation helicopter to help track drug traffickers and spot victims in natural disasters. The helicopter is one of 82 surplus military aircraft turned over to federal, state and local law enforcement agencies over the past 30 months.

        “These were big items that would be hard to get with our budget constraints,” says Pete Arredondo, the assistant chief in the Webb County Sheriff’s Office.

        Harris County Sheriff Adrian Garcia obtained four 2½-ton military cargo trucks in 2009 for emergency deployment of law enforcement personnel and high water rescues. The Houston Police Department secured a decommissioned Boeing 737 passenger airliner in 2010 for training the SWAT team, the special response group, the bomb squad and canine units to respond to emergencies at Houston airports.

        But last year, HPD’s take was limited to 77 items, ranging from two Humvees to safety glasses, combat gloves and camouflaged elbow pads.

        • Proud GrandPa

          Wonder what happens to all those body cams our troops are wearing in the Mideast. This would be a great use for them.

          • crazyassmofo

            Who needs a camera when you can have a Humvee?

          • L.C. in Texas

            Can anyone tell me the purpose of the “Humvee” ?

  • Proud GrandPa

    Thanks, Carlos, for a clear video dealing with civil rights violations including photog rights. We can agree on this. And it is refreshing the state agrees with the victims in Texas.

    • crazyassmofo

      What will be refreshing is when the cop is losing his job and doing time behind bars.
      You know, following justice to its completion concerning…accountability

      • Proud GrandPa

        Yes, we agree. Based upon the video it would seem that this man is unsuited to service as a LEO.

        • crazyassmofo

          …as are the other LEOs also participating in the event.

    • L.C. in Texas

      Yes, I am shocked that Harris County Prosecutor passed up revenue. I will applaud them for finally making a correct decision in this case. Can we work on Wise County ?Montague County? and all the small counties that are in it for revenue and climbing the ladder to be Judge !

  • JdL

    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.

    And cops wonder why people hate and despise them? Why people celebrate every time a cop is hit in the face with a pie, or something more solid?

    You pathetic, cowardly thugs have a whole lot of payback coming to you!

    • L.C. in Texas

      Why was David Braxton Scherz Jr. charged with criminal mischief for denting the hood of a deputies car ? That would be like me throwing a rock through a window and the rock being blamed for criminal mischief. Ha Ha

  • L.C. in Texas

    PLEASE PEOPLE, not all police officers are useless. Some know their duty is to the people and will treat you the way they would like their family treated. This Jimmie Drummond obviously does not belong in public service. Abuse of power is a crime, especially for a public employee. The person who passed him upon his training program and the person who hired him and associates should be investigated. The police department must weed out the bad influences to keep respect from the people.

    • Carlos_Miller

      These videos have become way too common for us to believe they are isolated incidents. This is pretty routine behavior as far as I’m concerned.

      • Herbert Napp

        I’d love for you to link up with policestateusa.com and exchange stories, both could be mutually beneficial and could hold incidents both of you are not aware of both relating to photography or the police state.

      • L.C. in Texas

        You are so right, to much abuse of power. So what are we going to do about it!

    • Nemo

      “Not all police officers are useless”? The one doing the kicking certainly was, but so were the ones beating the suffocating y9oung man, the one(s) who confiscated the phone, and all of those who witnessed these abuses and did nothing. Also among the useless cops were the ones who ran interference for the delinquent police and any officers who defended them in the public eye.

      Tell me, please: which of the involved police in incidents like this are NOT useless?

      • L.C. in Texas

        They are all useless unless they stepped up to report the facts.

  • Jerri Lynn Ward

    These are Deputy Constables. They work for an elected Constable, not the Sheriff. Their main duty is to serve papers, but they have overlapping police powers without the level of training. We had one here in Travis County who tazed a 72 year old woman for sassing him and the issue of the disparity of training came up as a topic.

    • putaro

      You gotta wonder why training would be required to have someone go “Geez, I really shouldn’t tase the old lady, no matter how much she’s running her mouth”

      • Jerri Lynn Ward

        I agree. But, the deputy constable in this instance was the one who taught others about use of force.

    • L.C. in Texas

      If the elected Constable can not handle the job, he should be removed. To hire untrained Deputies, they should have no “overlapping police powers”, that is abuse of power.

  • steveo

    We are in the midst of convincing our city governments that local police is not in our best interests. We tell them that we need to “meld” them into to the Sheriff and then we don’t have to deal with this kind of tyrannical police activity. Some of the commissioners like the idea, others are in with some kind of financial reward with the PD that we don’t know about. But in most cases, it is highly preferable to wipe out the local PD and give it to the Sheriff, because the Sheriff is elected.

    • crazyassmofo

      I have read an article or two that mentioned the feds are attempting to rid the nation of sheriff positions as much as possible for this very reason that they are elected and they have very specific powers to actually be able to keep the feds out of the area should their presence be a violation of law and be able to arrest them.
      The power of the sheriff is quite profound in certain regards and there has been an effort to diminish their numbers and get rid of them.

    • L.C. in Texas

      Until you have a bad Sheriff in Office.

  • John Gault

    This is status quo any more across the slave plantation. This family should be greatful they were not all murdered by this gang. I’m sure this nazi will hire on somewhere else so he can continue his career of plunder and keep his adrenalin addiction satisfied.

  • DTM

    Look at all the police state cops. America, you starting to get it yet? What has been happening for the last 12 years.

  • Fotaugrafee

    DAMN Sparky, eat another donut you fucking load!

  • Fotaugrafee

    As a photographer & sometimes videographer, I abhor the fact that these dash cams do not have more of a shotgun mic feature. It’s despicable for them to pick up the radio & in-car audio better than the external audio of what they’re supposed to be focused on (external video).

    Who the fuck designs these things?…on the taxpayers dime, no less?

  • $910553

    There is an appropriate way to deal with “Law Enforcement” such as this. They are not going to like it when it starts.

    • Rail Car Fan

      Ahhhh “Matism”…

      You and I agree on that… and in most cases it’ll be less than $1.00 every time these “Badge Bully” cops realize the cost of their illegal actions.

      Rail Car Fan

  • Ian Battles

    I wonder if this coward will take a plea or “trust the system” and bring his excuses to a jury…