HARRIS COUNTY, Texas – Attorneys Ben Crump and Devon Jacob have filed a federal civil rights lawsuit on behalf of a woman who was shot five times by deputies with the Harris County Sheriff’s Office while she was inside her friend’s apartment last year.
The lawsuit, filed on behalf of Eboni Pouncy, names Harris County as well as Christina Ray and Leslie Tovar, as defendants. Ray and Tovar are said to be the two deputies who responded to the apartment that night by the lawsuit.
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According to the lawsuit, Pouncy was asleep in a rear bedroom of her friend’s apartment at around 2:30 a.m. in the morning of Feb. 3, 2024.
She and her friend had just returned from a restaurant in Katy and discovered they had left the key to the apartment at the restaurant. The lawsuit states this was at about 1:30 a.m. and Pouncy’s friend said she would rather pay $60 to replace a broken windowpane than to wait indefinitely for a locksmith at that time of night. So, the lawsuit states the two removed a screen from a window near the front door and broke the lower windowpane to get into the apartment.
What Pouncy and her friend didn’t know was that neighbors had called law enforcement to report a possible break-in.
The lawsuit alleges deputies knocked on the door and announced their presence a single time before taking cover outside, without announcing themselves again or issuing orders to anyone inside the apartment to show themselves.
According to the lawsuit, Pouncy only heard the knocking at the door and walked toward the front of the apartment to investigate while holding a legally owned firearm for her safety.
At the time, the sheriff’s office said the deputies saw someone through the window holding a gun.
“Pouncy exercised safe and proper gun handling, holding the gun at her side and pointed at the floor. Without warning Pouncy that they would shoot her if she did not drop the firearm, deputies opened fire through the wall and windows, striking Pouncy five times,” the lawsuit states."
A week after the shooting, the Harris County Sheriff’s Office released bodycam video on the incident, which happened at the Pines of Woodforest Apartments on Uvalde Road.
Pouncy’s friend was also inside the apartment at the time of the shooting. She was not hurt.
“What happened to Eboni Pouncy is a horrifying example of the dangers Black Americans face when interacting with law enforcement,” said Attorney Ben Crump. “Eboni was lawfully inside her friend’s apartment, posed no threat, and never had the chance to understand what was happening before she was shot five times by deputies. We must hold these deputies and the department that empowered them accountable.”
According to Crump and Jacob, Pouncy suffered serious and permanent injuries, including nerve damage, drop foot, and lasting trauma.
The suit alleges violations of her Fourth and Fourteenth Amendment constitutional rights and includes claims against Harris County for implementing policies and training that did not comport with industry and constitutional standards.
“This is not just about two deputies, it’s about a department that trained them to respond with violence instead of restraint,” said Attorney Devon Jacob. “We are seeking justice not only for Eboni but to change the dangerous practices that put lives at risk every day.”
Pouncy is receiving ongoing treatment for her physical injuries and the psychological trauma inflicted by the shooting.