Terry Wayne Ashabranner

Paper: Houston Chronicle

Date: Sat 09/29/2007

Section: B Page: 5 Edition: 3 STAR

Mother wins wrongful-death suit / Son was killed after being stopped by a former Harris County constable

By DALE LEZON Staff

A federal jury on Friday awarded the mother of a man killed by a former Harris County deputy constable about $5 million in a wrongful-death lawsuit.

Former Precinct 4 Deputy Constable Terry Ashabranner shot and killed Michael Wayne Goodman, a 40-year-old plumber, during a confrontation on April 14, 2002.

The lawsuit, filed in U.S. District Court in 2003, argued that Ashabranner used excessive force and violated Goodman's constitutional rights, said James A. Stegall, attorney for Jeanette Goodman, Michael Goodman's mother.

"I think the verdict sends a pretty strong message that people in this county expect officers not to step over the boundaries that are reasonable when detaining citizens who pose no danger to them," Stegall said.

But Harris County Attorney Mike Stafford said, "We think that we have some valid appeal points and we intend to aggressively appeal this verdict."

Stafford said Harris County, which had originally been named in the lawsuit but was later dropped from it by U.S. District Judge Vanessa Gilmore, is not liable for any of the award.

Ashabranner stopped Goodman, who was riding a bicycle in the middle of Kuykendahl, about 11:30 p.m.

The constable's office said Goodman struck Ashabranner and pedaled down a dirt road to a forested area.

Ashabranner, the constable's office said, ordered his patrol dog on Goodman, who tried to drown the dog in a ditch.

According to the constable's office, Ashabranner pulled Goodman off the dog, then fired when he saw Goodman reaching behind his back.

The lawsuit also stated that Ashabranner, who is no longer a constable, had unlawfully stopped Goodman.

The jury awarded Jeanette Goodman $3 million in punitive damages, about $1.4 million for future loss of companionship and mental anguish and $500,000 for loss of companionship and mental anguish.

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