By Heather Alexander
A police brutality case brought
by former Houston Astros pitcher Brandon Backe and 11 others against 20
Galveston police officers will move forward despite the city’s request to have
the case dismissed.
Judge Keith Ellison denied
requests by officers and the City of Galveston to squash the case, saying only
"the crucible of a trial" could determine exactly what happened on
Oct. 4-5, 2008.
The federal lawsuit claims
Galveston police officers used excessive force when they used pepper spray and
Tasers on wedding guests in the San Luis Resort's H2O bar.
Galveston police said in 2008
that “the riot” started when officers tried to stop 19-year-old Cole O'Balle
from entering the hotel's pool area with an open container of alcohol.
Officers allege O’Balle attacked them,
punching them in their chests.
Court documents show that other
guests, including Backe, got involved in the fight between officers and
O'Balle.
O'Balle was taken by helicopter
to Memorial Hermann Hospital with a gash to his face.
Backe and nearly a dozen others
were arrested. He eventually pleaded no contest to a reduced misdemeanor charge
of disorderly conduct and was sentenced to one day of probation and a $1 fine.
The former Astros pitcher and
the other plaintiffs first filed the federal lawsuit in 2010. The suit names individual officers, former
City Manager Steve LeBlanc, and former Police Chief Charles Wiley as defendants.
A statement from the City of Galveston
released at the time of the lawsuit’s filing said, "The events underlying
the suit were thoroughly investigated and the city is not aware of factual
support for any of the claims asserted."
Backe finished 30-28 in six seasons with the
Astros in 2009. He had his best year in 2005, when the Astros went to the World
Series. He finished with a career-best 10 wins in the regular season and earned
two postseason victories.