A Baytown mother who lost her son in a 2020 car crash has filed a lawsuit against the Baytown Police Department, accusing officers of fabricating evidence and pursuing wrongful criminal charges against her.
Heather Guerra filed the lawsuit Friday in Harris County District Court, alleging malicious prosecution, civil rights violations, and emotional damages after being accused of manslaughter and aggravated assault following a wreck that killed her five-year-old son, Julian Guerra, and injured another driver.
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According to the lawsuit, Guerra was driving to the beach with her son and a friend on July 8, 2020, when her SUV collided with a pickup truck at the intersection of Decker Drive and West Baker Road in Baytown. The crash left Guerra in a coma and critically injured multiple people. Her son did not survive.
“He was so bright and loving,” Guerra said. “He loved everything and everybody.”
She didn’t believe he was dead when she woke up from a coma nearly two months after the crash, she said, struggling to recall the previous five years of her life.
“I remember waking up someone saying, ‘Heather, wake up,’” Guerra said. “I asked, ‘Why am I handcuffed?’ ... Then he said, ‘You’re being charged with manslaughter.’”
Guerra was arrested and charged, according to records, because she ran a red light and drove recklessly. She was booked into the Harris County Jail wearing a neck brace and still struggling to walk.
“After they snapped that picture, I broke down and just started crying,” Guerra said. “I know the mother that I was. I could not have drove crazy, to do that.”
She spent nearly three years fighting the criminal cases before they were dismissed in May 2023. An accident reconstructionist hired by the defense presented evidence to the court just before trial was scheduled.
Then, court records show the Harris County District Attorney’s Office dismissed the manslaughter charge and the aggravated assault charge for insufficient evidence.
“In my whole career, this is the most unjust case I have ever handled,” defense attorney Diana Sims said, noting that she’s practiced for a quarter-century.
The dismissal came as welcome news for Guerra, but the fight didn’t stop there.
“I still wasn’t grieving the way I needed to. I was more focused on, I’m looking at 20 years,” Guerra said, noting the maximum penalty for the second-degree felony charge.
In her lawsuit, Guerra alleges that Baytown Police Officer Robert B. Parker fabricated a blood warrant affidavit by falsely claiming she smelled of alcohol at the crash scene. Medical records from Memorial Hermann Hospital reportedly showed Guerra had no alcohol in her system at the time of the accident.
According to records reviewed by KPRC 2 News, Parker also wrote in the incident report that there were no known witnesses, but in the report submitted to the DA’s office to obtain charges, known as a DIMS, indicated that witnesses corroborated evidence.
The suit also claims that Officer Angel Puga, who allegedly had body camera footage from the scene, conspired with Parker to pursue charges without probable cause. That footage was later reported missing, according to court documents. Additionally, Officer Mark Street is named in the lawsuit for allegedly failing to properly investigate the crash.
“It was more than sloppy. I believe it was intentional,” Sims said. “I don’t want this good ole boy system going on anymore over there. I want more checks and balances.”
Guerra is seeking more than $1 million in damages for emotional distress, loss of employment, legal expenses, and restrictions she faced while under bond conditions, which included being unable to drive.
“My purpose in this was not and will never be for money. And I know people. I know that’s what people are going to say. It’s not. I want people aware of what does and will and can happen. I wouldn’t wish this on my worst enemy,” Guerra said.
The suit claims officers “intentionally and wrongfully rushed the accident investigation” … “and outrageously conspired to fabricate evidence.”
Guerra said her first run-in with the criminal justice system left her with no faith in it. She said she wishes she could apologize to Julian for not being able to save him.
“I’m beyond angry,” she said. “I can never get back to that same person I used to be.”
The other driver was not charged in the incident. Baytown Police told KPRC 2 News on Tuesday the investigation is now closed, and additional charges are not anticipated.
The Baytown Police Department issued the following statement in response to the lawsuit:
“The City of Baytown and the Baytown Police Department are aware of the lawsuit. As this matter involves ongoing litigation, we will allow the legal process to take its course and will address it through the appropriate legal channels. Per guidance from our legal department, no further information will be provided at this time.”
The case was previously featured in a 2023 episode of A&E’s Accused: Guilty or Innocent?, which followed Guerra’s criminal proceedings.
Sims said the case may end up being moved to federal court.
State records from the Texas Commission on Law Enforcement show that Officers Parker and Puga are still employed by the Baytown Police Department, but Street left the department in January of 2023 after more than 30 years with on the force.