BASTROP COUNTY, Texas — Editor's note: The video above is from a story about Ybarra's arrests that aired in May.
A Bastrop County man is suing the County and Sheriff's Deputy Derek Davis because he says the deputy illegally entered his property and used excessive force when arresting him back in May.
The lawsuit claims Davis illegally entered Eric Ybarra's property and used excessive force on him during the arrest.
KVUE spoke to Ybarra in May about what happened. He said the deputy jumped over his locked fence and arrested him for a warrant on a "parent contributing to non-attendance," meaning his daughter wasn't at school for an extended period of time – although the lawsuit states Davis entered Ybarra's property to make an arrest for an expired driver's license.
Ybarra told KVUE in May that the encounter with the deputy resulted in broken ribs, a concussion and scratches on Ybarra's face.
"Defendant Davis handcuffed Ybarra, put him in a chokehold and threw him to the ground," the suit says. "Davis then held Ybarra on the ground as Ybarra begged 'I can't breathe,' breaking three of Ybarra's ribs."
The video below, taken by Ybarra's daughter, shows the arrest:
According to the suit, that day, Ybarra and his girlfriend were returning to his Bastrop County home. Ybarra was parking his motorcycle next to his house while his girlfriend was locking the gate to his property.
The suit says Davis drove past the gate in a squad car.
"Davis believed Ybarra's driver's license was expired and decided to arrest Ybarra for this trivial offense," the suit says.
According to the suit, Davis asked Ybarra's girlfriend to open the gate and she responded she did not have the key and would have to retrieve it from the house. That's when Ybarra walked over to see what was going on, and the suit says Davis demanded that he show identification. The suit reads, "The law does not require a person who has not already been arrested to produce any identification."
According to the lawsuit, Ybarra couldn't comply with Davis's request because he had left his identification inside his house. The suit states that Davis then jumped over the fence and approached Ybarra.
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"No one had consented to Davis entering the property, Davis had no warrant to enter the property and there were no exigent circumstances justifying entering the property without first obtaining a warrant," the suit says.
Ybarra told the deputy that his actions were illegal and that he was breaking the law, according to the suit. Davis again asked for identification, then Ybarra asked to speak with Davis's supervisor. The suit states that "rather than do that," Davis grabbed Ybarra's arm and told him he was under arrest. Ybarra complied by putting his hands behind his back and Davis handcuffed him, according to the suit.
As they were walking back to the squad car, the suit says Davis asked Ybarra for the key to the gate. Ybarra told him he did not have it and that it was in the house.
"As Ybarra continued to tell Davis that he had illegally entered the property, Davis put his arm around Ybarra’s neck and threw Ybarra to the ground," the suit says. "Davis then climbed on top of the handcuffed Ybarra, screamed at him and pressed Ybarra’s chest into the ground."
According to the lawsuit, Ybarra is seeking compensation for past and future economic damages, past and future physical pain, past and future anguish and more. The suit also said Ybarra is requesting a trial by jury.
According to the lawsuit, the Bastrop County Sheriff's Office has not disciplined Davis and believes he acted appropriately. KVUE reached out to the sheriff's office for comment, and Sheriff Maurice Cook said he was unable to comment at the time.
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