A lawsuit filed in Tarrant County district court accuses two Fort Worth police officers of a "clearly racially motivated attack" on a 21-year-old black man while working private security at a hospital.
The lawsuit, filed in November by Henry Newson, describes a Nov. 5, 2016, incident at Texas Health Harris Methodist Hospital Fort Worth allegedly involving Fort Worth officer Jon Preston Romer Jr.
According to the lawsuit, Romer hit Newson in the face, kicked him and then put him in a headlock, taking him to the ground. Then, he and two other men the lawsuit named as Fort Worth officer Jeremy Flores and hospital security guard Jonathan Walterbach piled on top of Newson and punched, kicked and handcuffed him while sitting on his head.
Romer Jr., 38, was indicted Thursday on a charge of official oppression for hitting Newson. He is also under indictment on charges of aggravated perjury and making a false report to a police officer, according to court records.
Romer, who is white, was released from the Tarrant County Jail after posting bond Thursday, according to the jail website.
Newson did not resist the officers and begged them to stop hurting him, according to the lawsuit. He was arrested on charges of resisting arrest and criminal trespass, with Romer listed on the police report as the arresting officer. The charges were dismissed in March 2017, according to court documents.
The reason given for the dismissal was prosecutorial discretion. The Tarrant County district attorney's office through its spokeswoman declined to comment Friday, citing its recusal from Romer's pending criminal case. A special prosecutor has been appointed.
Newson was discharged from the hospital on Nov. 5, 2016, after spending two days there recovering from an illness, according to the lawsuit. He was awaiting a ride home when he was attacked, according to the lawsuit. It was not clear what might have started the confrontation.
The lawsuit seeks $1 million in damages and besides the three men names Texas Health Resources, the parent company of Texas Health Fort Worth.
Kenneth East, the attorney representing Romer in the lawsuit, declined to comment. Matthew Bobo, the lawyer representing Newson, did not return messages seeking comment. An official with Texas Health Resources declined to comment. No filings listed attorneys for Flores or Walterbach.
Romer is accused of lying to three employees of the district attorney's office who were investigating his story about the incident with Newson, according to an indictment.
Those three employees — Assistant District Attorneys Michael Schneider and Kate Gardner and investigator James Desmarasis — are listed on the indictment as fact-finders conducting a criminal investigation into Romer's behavior, and could conceivably be called as witnesses.
Also at issue is avoiding the appearance of impropriety, said Cynthia Alkon, a professor of criminal law at Texas A&M University Law School in Fort Worth.
Prosecutors work closely with Police Department employees and often call them as witnesses during trials, Alkon said. The recusal by the district attorney's office can help avoid an appearance of a conflict of interest due to these close working relationships.
"This is routinely done to protect the integrity of the office," Alkon said.
