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Trigger-Happy Texas Cops Shot Up Innocent Man’s Car, Lawsuit Alleges

Hays County Courthouse (Photo: Larry D. Moore)

Hays County Courthouse (Photo: Larry D. Moore)

Courthouse News Service 

Trigger-happy Texas lawmen shot up a man’s car and ran him off the road, coming “within inches” of killing him, then found that “they had the wrong person,” the man claims in court.

Miguel Montanez sued the city of San Marcos, Hays County, Hays County Sheriff’s deputies Joe Faulkner and David Campbell, and John Doe Hays County SWAT team members 1-7 in Federal Court.

San Marcos, the seat of Hays County, is in Central Texas, south of Austin.

“On July 12, 2012, plaintiff Montanez was driving to work in the early morning. Montanez was not committing any crimes or wanted for anything. In fact, Montanez is a fully law abiding and employed citizen,” the complaint states.

“Out of nowhere, the Hays County SWAT Team and San Marcos Police Department pulled up on Montanez’s car and literally opened fire on it. The SWAT team also slammed their SWAT truck into Montanez’s car.

The defendants engaged in this insane behavior even though Montanez was posing no threat whatsoever.

“By the grace of God, Montanez dove down in the car and narrowly avoided the bullets flying into his car. The defendants subsequently arrested Montanez but later let him go and did not charge him with anything. It turns out they had the wrong person. The defendants’ actions caused Montanez to sustain a very serious back injury, which requires a surgery.

“The actions by the defendants constitute government at its absolute worst. The defendants literally were within inches of killing a completely innocent citizen and did in fact cause him serious bodily and mental injuries. To this day, they have not apologized to Montanez.”

Montanez seeks damages for civil rights violations and excessive force.

He is represented by Adam Loewy of Austin.

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