Jury finds 4 Galveston officers used excessive force

Brandon Backe Called into duty because scheduled starter Roger Clemens was out with a stomach virus, Backe allowed just two runs in five innings in the Astros’ 5-3 win over the Giants to clinch a playoff spot in the final game of the 2004 regular season. Backe also allowed just one hit in eight innings in a 3-0 Astros win over the Cardinals in the 2004 NLCS. less Brandon Backe Called into duty because scheduled starter Roger Clemens was out with a stomach virus, Backe allowed just two runs in five innings in the Astros’ 5-3 win over the Giants to clinch a playoff spot ... more Photo: Steve Ueckert, Houston Chronicle Photo: Steve Ueckert, Houston Chronicle Image 1 of / 14 Caption Close Jury finds 4 Galveston officers used excessive force 1 / 14 Back to Gallery

A federal jury concluded Monday that four Galveston police officers used excessive force during a 2008 wedding party and awarded a total of $48,900 in damages to injured plaintiffs.

The jury, however, reported that it was unable to reach a unanimous verdict on claims by former Houston Astros pitcher Brandon Backe, who sought as much as $13 million for injuries that he said ended his career.

A total of 12 people who attended the Oct. 5, 2008, wedding celebration had sought damages from the city of Galveston as a result of the incident. During the jury deliberations, which stretched over several weeks, four plaintiffs - not including Backe - made settlement offers that were relayed to the city of Galveston, but the status of those offers was not clear Monday morning.

The lawsuit named the city and 10 police officers, but the jury found only four officers culpable. Plaintiffs said they were beaten and pepper-sprayed without justification.

"I can hold my head up high," Backe said of the jury's decision. "It has been six years since the beating and I was able to tell my story."

He said he intends to continue to pursue the case.

The decision by the six men and six women ended a saga that began when more than 30 police officers stormed into the H20 outdoor bar at the San Luis Hotel on Galveston Island.

Most of the patrons, including Backe, were celebrating after attending a wedding at the nearby Galveston Island Convention Center.

A security guard followed Cole O'Balle, then 19, the brother of the bride, from the Galveston Convention Center to the H20 club. There is disagreement about what happened next, but it's clear that O'Balle was accused of underage drinking and an off-duty Galveston officer working security for the San Luis tried to arrest him and called for backup.

Nearly every on-duty police officer on the island responded, according to testimony.

Defense attorney William Helfand said officers responded to a call for help after wedding party members tried to interfere with the arrest of O'Balle, who was drunk and struck an officer so hard that he caused a bruise.

Police slammed Backe to the ground and beat O'Balle so badly that he was flown by helicopter to a Houston hospital.

Other guests said they were beaten, stunned and pepper sprayed even as they tried to comply with directions from officers, plaintiff's attorney Charles R. Parker said.

An investigation overseen by one of the officers being sued found that officers used proper procedure but were lax in reporting use of force. Nine officers were temporarily suspended without pay and four received written reprimands.

Backe, O'Balle and three others were charged with felony resisting arrest, but a grand jury declined to indict them. Backe pleaded no contest to a misdemeanor charge and was fined $1 and court costs.