Records: Man accused of running over officer passed breathalyzer

Robert Zimmerman, courtesy Houston Police Department Robert Zimmerman, courtesy Houston Police Department Image 1 of / 8 Caption Close Records: Man accused of running over officer passed breathalyzer 1 / 8 Back to Gallery

The 79-year-old man accused of running over a Houston police officer early Wednesday passed a breathalyzer before his felony arrest, according to court records.

But Robert Zimmerman, who is now facing a charge of intoxicated assault on a public servant, failed sobriety tests at the scene and told police he takes prescription drugs, records show.

The local Realtor was freed on $30,000 bail Thursday after appearing in front of a judge in an orange jail-issued jumpsuit.

The Houston man is accused of crashing into Nestor Garcia at 2 a.m. Wednesday while the rookie officer worked a routine traffic stop on Interstate 69 near Greenbriar. Five officers had blocked off the shoulder and one lane of traffic after pulling over a driver in a car reported stolen days earlier, prosecutors said.

The 24-year-old lawman — who'd joined the force barely a year earlier — parked his car at an angle in the second lane of traffic to block off two right-hand lanes of the darkened highway, said Sean Teare, the vehicular crimes unit chief with the Harris County District Attorney's Office.

Police believe Garcia was walking in the right lane between his patrol car and the shoulder when Zimmerman allegedly crashed into him at 50 to 60 mph, dragging the officer along the highway before coming to a stop.

The wreck left Garcia in the intensive care unit with head trauma, a pelvic fracture, and kidney and liver damage. Police arrested Zimmerman at the scene.

The elderly man, who police said has no criminal record in Harris County, told officers he'd had a 24-ounce beer with dinner around 5 p.m. — more than nine hours before the wreck, according to court records.

He also said that he takes heart medication and a sleeping pill, records show. Zimmerman slurred his speech after the crash, according to prosecutors, but said he hadn't taken his sleeping pill since at least Monday.

Following his arrest, prosecutors pushed to up Zimmerman's bail to $100,000, citing the extent of the officer's injuries and the use of a car as a deadly weapon. Just before noon Thursday, Zimmerman was freed on the lower bail amount. It was not immediately clear if he had an attorney.

Meanwhile Garcia, a Houston native who comes from a tight-knit family of Mexican immigrants, was continuing to recover in Memorial Hermann Hospital. After pulling through an hours-long surgery the day before, Garcia spent Thursday in the ICU, where police reported he was in stable but critical condition.

"We are heartened, we are hopeful," Chief Art Acevedo said Thursday, telling reporters the injured rookie had given a thumbs-up to his supporters and even wiggled his finger and toes.

"Right now, we're 36 hours — it's at least 72 hours before we can start lowering our guard a little bit," Acevedo said. "Please keep the prayers coming."