DA's Statement on the Indictments Against HPD Officers in the Holley Case
To clarify the nature of the charges against the four then-Houston Police Officers accused of physically abusing Chad Holley during his arrest on March 23, 2010:
The Police Integrity Division of the Harris County District Attorney's Office conducted an independent and thorough investigation into the allegations. The investigation included trips to the crime scene, interviews with witnesses (including Chad Holley, his mother and another relative), and careful examination and reviews of surveillance videos and medical records. As part of the investigation, medical records were subpoenaed and obtained from West Houston Medical Center, the Juvenile Justice Center and Ben Taub Hospital.
District Attorney Pat Lykos stated that the investigators and prosecutors conducted a meticulous investigation, including a frame-by-frame analysis of the surveillance video.
The evidence was presented to a Harris County Grand Jury to determine which charges, if any, should be filed against the officers. Grand jury proceedings are secret by their very nature, and the law does not allow public discussion of them. However, in order to indict the officers for a felony offense, there would have to be a finding that a deadly weapon was used in the commission of the offense, or that the assault caused serious bodily injury.
It should be noted that the Texas Penal Code restricts the legal definition of what is considered serious bodily injury. That Code defines serious bodily injury as "bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ."
On June 23, 2010, the Grand Jury indicted the four officers for Official Oppression. Two of them were also indicted for Violating the Civil Rights of a Prisoner. On each charge, the officers face up to one year in the Harris County Jail and up to a $4,000 fine. Trial is pending in each case.