The El Paso County District Attorney quietly dropped all criminal charges earlier this year against a retired Army veteran who was tased 13 times by El Paso Police officers while filming an encounter in the city’s Entertainment District. The decision came after video evidence surfaced contradicting the officers’ official reports, according to a newly filed federal civil rights lawsuit.

The incident, which occurred in May 2023, has raised serious concerns about the El Paso Police Department’s treatment of citizens engaged in constitutionally protected activity — including filming public officials and questioning police conduct.

Caught on Camera, Then Charged

The veteran, who was conducting faith-based outreach with young adults and service members downtown, began recording police after witnessing an officer violently shove a bystander to the ground during an unrelated disturbance.

He remained on a public sidewalk, roughly 8 to 10 feet from the officers, and voiced concerns about what he perceived as excessive force. According to the lawsuit, officers took issue with his filming and questions — including a request for a badge number — and escalated the situation.

Within minutes, he was tackled to the ground and tased more than a dozen times, despite showing no signs of resistance. The suit alleges that officers falsely claimed he interfered with their duties and resisted arrest, but body camera footage reportedly showed otherwise.

“Chilling” Effect on Public Speech

Attorneys for the plaintiff argue the arrest was retaliatory and aimed at punishing him for exercising his First Amendment rights. The charges were ultimately dropped by the El Paso County District Attorney in February 2024 after prosecutors reviewed the footage and determined the claims lacked merit.

In addition to allegations of excessive force, the lawsuit challenges a written El Paso Police Department policy that restricts filming of officers without prior approval — a rule the plaintiff’s legal team calls an unconstitutional “prior restraint” on speech. A similar policy was recently struck down in federal court as violating the First Amendment.

Pattern of Retaliation?

The suit alleges that this was not an isolated incident, pointing to at least two other federal lawsuits in recent years in which El Paso officers were accused of arresting citizens who recorded or criticized them. In those cases, plaintiffs claimed officers fabricated charges and used excessive force in retaliation for protected speech.

Despite multiple complaints, the department’s internal affairs division reportedly found no wrongdoing — including in this most recent case, despite what attorneys describe as “clear video evidence contradicting the officers’ claims.”

Still No Accountability

The lawsuit seeks damages for physical and emotional injuries, including cardiac complications that required emergency hospitalization. It also calls for a court order striking down city ordinances and policies that allegedly criminalize protected speech.

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