TEMPLE, Texas — A legal analyst told 6 News that the civil lawsuit filed by Michael Dean's family against the City of Temple and former Temple officer Carmen DeCruz still holds water despite Tuesday's verdict.
Dean's family filed the civil suit in November 2021, alleging improper training with the Temple Police Department, as well as "consistent systematic failure to address the continued use of excessive force against Black people," caused the wrongful death of the father of three back in 2019. They are seeking $10 million in damages.
Though the family faced a set back after DeCruz was found "not guilty" Tuesday to second-degree manslaughter and criminally negligent homicide for shooting and killing Dean during a 2019 traffic stop, legal Liz Mitchell said the city and Temple PD aren't off the hook.
"Because we're talking about much a lower standard of proof, the facts of this case, I still think weigh in the family's favor," she said.
The lawsuit alleges the City of Temple -- and therefore the Temple Police Department -- failed to protect Dean of his constitutional rights because it didn't ensure that the Temple Police Department offered proper training to its officers, including DeCruz.
"The City of Temple, Texas, failed to properly train, supervise, screen, discipline, transfer, counsel, or otherwise properly equip and control officers, including those the City knew or should have known to engage in the use of excessive force and/or deadly force," according to the lawsuit.
On Dec. 2, 2019, DeCruz pulled Dean over for speeding at the intersection of Little River Road and Loop 363, according to the lawsuit.
During the stop, DeCruz approached Dean from the passenger side of his vehicle while holding a handgun. At some point, DeCruz reached into Dean's vehicle -- one hand went to grab the keys while the other had his finger on the trigger of his firearm, according to an arrest affidavit by the state.
As DeCruz pulled back, his gun went off, which resulted in Dean getting shot in the head, according to the affidavit. Dean later died.
During DeCruz's trial, Temple Police Commander Over Professional Standards Lt. Robert Mallett told the court that reaching into a persons vehicle with a gun extended is not something Temple PD recommends because it puts the officer and the person in danger.
However, DeCruz's defense attorney, Robert McCabe, argued Dean caused his own death and that the reasoning behind the initial pursuit was that Dean was not compliant and was a risk to the public while on the road.
"The truth is Michael Dean caused his own death in this case," McCabe said shortly after the verdict came down Tuesday. "It should've never happened, but the fact is that drunk people make bad choices and touching an officer's gun, causing it to be discharged is not a crime."
Mitchell said the difference between civil and criminal lawsuits is that the jury doesn't have to come to an unanimous vote in a civil trial. She said this could work in favor for the Dean family.
"The jury is going to be looking at whether or not the defendant had a duty and whether or not there was a breach of that duty, whether [DeCruz's] actions amount it to negligence," she said. "So because of that lower standard of proof, it's much more likely to find someone liable."
There is a motion to dismiss the civil suit, and with DeCruz found not guilty, the motion argues qualified immunity. However, Mitchell said there's a chance that wouldn't matter.
"The immunity would not apply if DeCruz clearly violated an established constitutional right," Mitchell said.
"... The court will look to see if DeCruz acted as would a reasonable officer in his position," she stressed.
The court has to rule on the motion to dismiss within seven days of the verdict.
The lawsuit also groups city councilmembers Jessica Walker, Judy Morales, Susan Long and Wendell William with the city.
Read the full civil lawsuit below.