David Salinas Shot and Killed by Houston Police – Did He Have a Weapon?

The Houston Police Department, in Houston, Texas, filed a custodial death report regarding the death of David Salinas. Mr. Salinas was 32 years old at the time of his death. We provide in this post information obtained from that report, and we make no allegation of any wrongdoing against anyone.

The report indicates that Mr. Salinas died as a result of pre-custodial use of force. The summary portion of the report reads in its entirety:

“On Wednesday, July 14, 2021, at approximately 1934 hours, Houston Police Department’s Gang Division-Crime Reduction Unit Officers were advised by members of the Houston Police Department’s Vice Division that they needed a vehicle stopped in regards to an operation they were working. CRU Officers attempted to initiate a traffic stop on the vehicle, to which the Suspect ignored. The Suspect evaded CRU Officers in his motor vehicle and eventually stuck a pole while attempting to make a U-turn. The Suspect’s vehicle was disabled. CRU Officers approached the Suspect’s vehicle and gave several verbal commands to keep his hands within view, but he continued to place his hands out of sight. Ultimately, the Suspect moved towards the floor board of the vehicle and returned to an upright position quickly. The CRU Officers discharged their duty weapons towards the Suspect. The Suspect was transported to the hospital, where he succumbed to his injuries.”

The report does not make clear why officers did not set up a perimeter and wait for other officers and/or negotiators to arrive. The report also seems to indicate that Mr. Salinas did not have a weapon, or that officers ever saw anything that indicated to them that Mr. Salinas possessed a weapon. Instead, it appears from the report that officers chose to shoot and kill Mr. Salinas because he made quick movements inside of his disabled vehicle.

The 4^th Amendment to the United States Constitution guarantees the right to not have excessive force used against a person. Police officers must use only reasonable force with a person, and they can only use deadly force under certain circumstances. If a police officer shoots and kills a person, and the force is excessive and/or unreasonable, then certain surviving family members might be able to bring a lawsuit regarding that death. These claims are filed pursuant to federal law, usually by police brutality civil rights lawyers.

Written By: Dean Malone

Dean Malone

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.