Man Shot and Killed by Cherokee County, Texas Deputy

The Cherokee County Sheriff’s Department filed a custodial death report with the Attorney General of Texas regarding the death of Justin Lewis Pegues. Mr. Pegues was only 26 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 regarding Mr. Pegues’ death.

The summary portion of the report reads:

“On January 14, 2021 while on routine patrol Cherokee County Sheriff Office patrol deputies encountered a vehicle on a property located off of Cr 1111. The deputies were patrolling the property due to reoccurring burglaries. Deputies attempted to make contact with the individuals on the property. Prior to making contact with the individuals the suspect used a vehicle to attempt to flee the scene. The suspect charged toward the deputy on scene with the suspect vehicle. The suspect drove through a partially open gate almost hitting the deputy with the vehicle and the gate. The deputy discharged his weapon fatally wounding the suspect driver of the vehicle. A second suspect on in the vehicle was taken into custody. The deputies involved were not injured. The deceased suspect has been identified as 26 year old Justin Pegues of Jacksonville.”

The Fourth Amendment to the United States Constitution guarantees the right of residents in the United States not to be subjected to excessive force. There have been a number of cases analyzing when a police officer may shoot a person fleeing in a vehicle. Generally, a police officer can use deadly force if the person is exhibiting behavior which is likely to result in serious bodily injury or death to a police officer and/or others. Some cases have analyzed when a police officer may shoot a person driving a vehicle in the direction of the officer. Generally, those cases have held that if a person is merely fleeing the scene and not using the vehicle to attempt to injure an officer, then the officer may not use deadly force against the person.

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.