Judge rules police brutality suit brought by Ex-Astros pitcher will go to trial

Houston Astros pitcher Brandon Backe was among 10 people arrested during an incident involving Galveston police at a hotel bar. Houston Astros pitcher Brandon Backe was among 10 people arrested during an incident involving Galveston police at a hotel bar. Photo: Galveston Police Department Photo: Galveston Police Department Image 1 of / 17 Caption Close Judge rules police brutality suit brought by Ex-Astros pitcher will go to trial 1 / 17 Back to Gallery

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.