A Harris County resident whose son died in a 2020 car crash is suing the Baytown Police Department and three of its officers in federal court, claiming they fabricated evidence and violated her constitutional rights by wrongfully charging her with killing her own child.
The lawsuit, filed by Heather Guerra, was removed to federal court on June 24 after initially being filed in Harris County district court in May. Guerra is seeking more than $1 million in damages for false arrest, malicious prosecution, defamation, and violations of her rights under both the U.S. and Texas constitutions.
Guerra’s case was the subject of an episode of A&E’s Accused: Guilty or Innocent? Stream all episodes of Accused: Guilty or Innocent? in the A&E app.
Fatal Crash and Arrest
On July 8, 2020, Guerra was driving her five-year-old son, Julian, and a friend through Baytown on the way to Galveston Beach when her vehicle was struck by a Chevy Silverado at the intersection of Decker Drive and West Baker Road. Guerra sustained catastrophic injuries and fell into a coma. Her son died from his injuries.
According to the lawsuit, Guerra awoke weeks later in a hospital bed, shackled and informed she was facing criminal charges for manslaughter and aggravated assault stemming from the crash.
Three Years Under Charges
Guerra spent nearly three years defending herself against the charges before they were dismissed on May 19, 2023. During that time, she was unable to drive, lost her job, and accumulated around $39,000 in legal fees and bond payments, the suit claims.
Allegations of Fabricated Reports and Missing Evidence
The complaint names Officers Robert B. Parker, Angel Puga, and Mark Street as responsible for investigating the crash and initiating the criminal charges. It alleges that Parker falsely claimed there were eyewitnesses who saw Guerra speeding and running a red light — a statement later contradicted by his own offense report, which stated there were no known witnesses.
Parker is also accused of falsely claiming Guerra smelled of alcohol and using that claim to support a blood warrant affidavit. Bodycam footage cited in the complaint allegedly shows hospital staff reporting Guerra had zero blood alcohol content.
Additionally, Guerra’s legal team claims Parker’s body camera footage was reported as “missing” or “destroyed,” leaving a gap in the evidence. Officer Puga’s bodycam footage, according to the lawsuit, captured an interview with the other driver, Clayton Webb, who did not implicate Guerra — contrary to what Parker later wrote in an affidavit.
Conspiracy and Pattern of Misconduct Alleged
The lawsuit alleges the officers acted in concert to fabricate probable cause and intentionally deprive Guerra of her liberty without justification. It further claims the Baytown Police Department has a history of mishandling evidence and filing false reports, arguing that the conduct in Guerra’s case was not an isolated incident.
The suit states that Officer Street failed to conduct a proper accident reconstruction and even acknowledged in his initial report that he could not determine fault at the scene, yet still supported the filing of criminal charges.
Seeking Damages for Psychological and Financial Harm
Guerra alleges the ordeal caused lasting trauma, including anxiety, PTSD, and severe emotional distress. She is seeking both compensatory and punitive damages, as well as attorneys’ fees and other costs.
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