Mistrial declared in case where deputy accused of threatening hospital patient with Taser

Prosecutors will re-try a former constable’s deputy accused of brandishing a Taser over a woman restrained to a hospital bed in a mental health ward, according to the Harris County District Attorney’s Office.

The case ended in a mistrial on Thursday when jurors failed to come to a consensus on the May 26, 2016, incident. Five jury members voted that Charles Sanville was guilty of official oppression, a class A misdemeanor, while one juror dissented.

Jules Johnson, one of two prosecutors who tried the case for the district attorney’s civil rights division, said that encounter between the deputy and patient resulted in an unnecessary act.

“To threaten somebody who’s in a hospital bed, when they’re not placing you in physical harm, there’s no reason for it,” Johnson said. “You’re just abusing your power.”

Sanville’s attorney, Ronald Ray, did not respond to requests for comment.

Prosecutors said that the patient had been taken to the North Cypress Medical Center by ambulance after a psychiatric emergency, and that Sanville followed the ambulance to the hospital so he could retrieve his handcuffs.

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Nurses who testified at the trial said that the woman had a soft mask placed over her mouth to prevent her from spitting on anyone. Her arms and legs were tied to the bed, Johnson said.

Sanville, who was then a deputy at the Harris County Precinct 4 Constable’s Office, said that the woman spit on him. He drew his stun gun and held it over her, according to prosecutors.

Two of the nurses said they saw blue flashes from the Taser, which would indicate a discharge of electricity. Sanville alleged that the Taser was set off by accident, Johnson said.

The patient was unable to testify at the trial, which lasted three days in state District Judge Abigail Anastasio’s court. If Sanville is convicted, he faces up to a year in county jail and up to $4,000 in fines.

The civil rights division handled the case. The division is tasked with prosecuting all officer-involved shootings, in-custody deaths and claims of excessive force that have been indicted.

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