Conroe added to Rios vs. Blackwelder lawsuit alleging excessive force

Jacqueline Rios speaks to the media in Conroe June 11 as her husband Juan Cuyun, center, looks on after former Conroe Police Sgt. Jason Blackwelder was sentenced to five years probation for the killing of her son Russell Rios. Rios was shot in the head after fleeing from a Walmart in Conroe after allegedly stealing iPad cases July 31, 2013. less Jacqueline Rios speaks to the media in Conroe June 11 as her husband Juan Cuyun, center, looks on after former Conroe Police Sgt. Jason Blackwelder was sentenced to five years probation for the killing of her ... more Image 1 of / 5 Caption Close Conroe added to Rios vs. Blackwelder lawsuit alleging excessive force 1 / 5 Back to Gallery

The mother of a man who was killed by a Conroe police sergeant alleges the city’s Police Department failed to take action after her unarmed son was shot in the back of the head, thereby condoning the use of excessive force.

Former Conroe PD Sgt. Jason Blackwelder was convicted in June of manslaughter and sentenced to five years probation for the negligent killing of 19-year-old Russell Rios, who had been suspected of stealing iPad cases from the North Loop 336 Walmart July 31, 2013.

Blackwelder claimed to have shot Rios after chasing him into the woods, engaging in a fight and being placed into a choke hold in which he feared for his life.

Conroe officers who worked the shooting scene testified in the criminal trial that Blackwelder appeared to have been in a skirmish, but that his story of having to defend himself did not align with what showed from the crime scene - Rios shot in the back of his head with a powder burn track going up the middle of his back.

Jacqueline Rios, Russell’s mother, filed a civil lawsuit last November against Blackwelder on behalf of the Rios family.

The city of Conroe was added as a defendant in an amended complaint filed Oct. 30, which still only seeks punitive damages against Blackwelder, but cites unconstitutional practices by the Police Department and the condoning of excessive force.

Blackwelder was placed on paid administrative leave following the incident but was not terminated from the department until the felony conviction revoked his peace officer license.

The Rios complaint alleges that Conroe Police Chief Philip Dupuis knew Russell Rios was not behind Blackwelder choking him at the time of the fatal shot; Blackwelder had him pinned to the ground, with the gun laying at the center of Rios’ back when the shot was fired; and that the scene did not display the struggle alleged by Blackwelder.

Jacqueline Rios is seeking damages on behalf of her son for “the loss of life and pre-death pain, fright and suffering, all resulting from the deprivation of Russell’s rights, privileges and immunities guaranteed by the Fourth Amendment to the United States Constitution,” according to the complaint.

Rios attorney David Eric Bernsen told The Courier that the issues his client has against Blackwelder and Conroe were primarily brought up in the criminal trial earlier this year - that Conroe officers were doubtful of Blackwelder’s account of what happened based on the evidence at the scene.

Even Blackwelder’s defense attorney Gregory Cagle during the criminal trial criticized the department for a sloppy crime-scene investigation that potentially jeopardized the outcome of the case.

Cagle referred to the evidence against Blackwelder as “soft science” and accused Conroe police of already “picking their lane” before the investigation was finished.

Bernsen on Friday said the Rios family also accuses CPD officials of posturing during a press conference shortly after the shooting.

“I think what troubled me and the family, especially, is that they called a press conference and they were already trying to spin the story and get ahead of it by saying (Russell Rios) was allegedly shoplifting,” Bernsen said. “They wanted to get their story out before the fact that he had been shot in the back of the head. I think any citizen, whether you’re pro-police, you say someone what shot in the back of the head and that raises red flags, or should, immediately.

“It was self-evident what had happened and so we’ve alleged that the police chief was condoning it and ratified it and everything else. I think the evidence will come out to exactly what we’re talking about.”

Calls to Ray Viada, the attorney now representing the city, were not returned Friday.

Viada took over the case for the Chamberlain Hrdlicka Law Firm, which had been representing the city but recently hired an attorney from the opposing Bernsen firm.

Viada has yet to file an answer to the amended complaint.

Dupuis said during a press conference following Blackwelder’s probation punishment verdict in June that CPD had been “committed to transparent, systemic examination of the facts involved and that he believed the department conducted a comprehensive investigation with integrity and ethical fortitude.”

Dupuis also extended condolences to the Rios family for the loss of a family member.

The Rios family told The Courier they disagreed with everything about how the process was handled, from the initial investigation to the punishment phase of the trial.

After learning Blackwelder would not serve jail time, a distraught Jacqueline Rios said her two weeks of observing trial testimony was a waste of time and that the court laughed in her family’s face.