HOUSTON It was a traffic stop in north Harris County two years ago that led to a Saturday night news conference.
David Scherz had allegedly run a stop a sign and said a Harris County Precinct 4 deputy constable followed him home.
Hearing commotion on their driveway, relatives came outside. When the deputy told them to go back into their home, the situation escalated.
As a mother, this is my son, there s a policeman asking questions on my property, Yvonne Scherz said.
I was compliant without incident, I knew how to act in that situation, and it blew up into something way bigger than it would have been initially, David Scherz said.
The family refused to go in and tempers flared. The deputy soon called for backup and arrests began.
He [the deputy] charged me and grabbed me, dragged me and had cuts on me, Yvonne Scherz said. I couldn t believe this was happening. I kept telling him you have no right to do this, you have no right to do this.
Irma Montez was also arrested. I m thinking wow, is this America really? she said.
The family has now hired an attorney and they are calling on the Harris County District Attorney s Office to file charges against the deputy before their statute of limitations ends.
They believe their pictures from the scene, as well as dash camera video, can prove the brutality.
David Scherz said a broken rib was among his many injuries.
My eyes were maced, I was seeing black, he said.
We re not trying to convince you of anything, their attorney, Randall Kallinen, said. Look at the video and see for yourself.
The charges against them were eventually dropped and the constables office investigated. It found that the deputy had been attacked and he was able to keep his job.