Woman who was shot by ex-Cove PD officer files federal lawsuit

Killeen Daily Herald
By Emily Hilley-Sierzchula | Herald correspondent
August 26, 2023

A woman who was shot multiple times by an off-duty Copperas Cove police officer during an alleged road rage incident more than two years ago has filed a federal civil rights lawsuit. However, her lawsuit is on hold pending the ex-officer’s upcoming jury trial.

Eric Anthony Stoneburner, 47, of Temple was indicted by a Coryell County grand jury on a second-degree felony charge of aggravated assault with a deadly weapon. He was arrested following an alleged incident on May 23, 2021, that left Lacresha Murray injured. Murray was a Cove resident at the time but now lives in Austin.

“She came so close to losing her life when she was unarmed and running away from a Copperas Cove police officer, and she endured different hospitalizations and surgeries as a result of the shooting,” said Murray’s attorney, Gary L. Bledsoe with the Bledsoe Law Firm, PLLC, in Austin. Bledsoe answered questions from the Herald on Wednesday via email. “The thoughts, misery and feelings generated by these tragic experiences are with her day and night.”

Filed earlier this year, Murray’s complaint names Stoneburner, individually, and the City of Copperas Cove as defendants.

“Murray suffered multiple gunshot wounds, and was falsely arrested and was falsely imprisoned when Stoneburner, an officer of the Copperas Cove Police Department, unlawfully used excessive and deadly force against her by shooting her with his police department issued sidearm, and then illegally placed her under arrest after shooting her in the back,” according to Murray’s 30-page complaint. “Defendant Stoneburner used unreasonable, unnecessary, and excessive force while illegally arresting and detaining Murray.”

On July 13, U.S. District Judge Robert Pitman issued an order to “stay,” or temporarily halt, the lawsuit until 30 days after the final resolution of the criminal case against Stoneburner.

He is set to face a jury on Oct. 16, in the 52nd Judicial District Court.

“The trial is set that week; however, it is yet to be determined if we will reach that case because other cases are also set that day,” according to Coryell County District Attorney Dusty Boyd, via email on Aug. 17.

THE ALLEGATION

Murray had been traveling along Robertson Avenue in Cove that Sunday after going to a convenience store, when she began to feel stomach pains, according to her complaint and a previous interview with a Herald reporter.

She did a U-turn to go to AdventHealth-Central Texas hospital in Killeen. As she was making the turn, Stoneburner allegedly sped around her and began driving slowly, “brake-checking” Murray’s vehicle, according to the complaint. Murray then went around and passed him.

“After she passed and was now ahead of Stoneburner’s vehicle, Stoneburner rapidly sped up and began to drive closely behind her, aggressively tailgating her in such a way that she became worried about her safety,” according to her complaint. “Murray stopped her vehicle in the 1500 block of Robertson Avenue (and) exited her vehicle. She sought to approach Stoneburner and speak with him about his aggressive driving. Stoneburner also exited his vehicle, and he drew his firearm from his right side and pointed the gun directly at Murray...Murray thrust both arms in the air to show that she had no weapons on her person. However, now in fear of being shot dead, Murray quickly turned around facing away from Stoneburner with her hands raised in the air, and she made a run for her truck as Stoneburner advanced on her and continued to point the gun toward her and exhibit frightening hostility. As Murray reaches the driver’s side front door of her vehicle, Stoneburner is right there just a few feet behind her with his gun still drawn, assuming a two-handed firing stance position illustrating his weapons training. Murray quickly gets in her truck and attempts to shut the door, but while she is taking cover from (Stoneburner’s) assault and trying to close the door, Stoneburner begins firing into Murray’s back, side and arm at point-blank range. He fires several shots at Murray in rapid succession from just a few feet away ... He just shoots her like he is at target practice on the range.”

According to the complaint, at least eight bullets were fired and five or six of those bullets struck Murray in her arm, back and side.

Stoneburner’s criminal defense attorney, Travis Williamson, told the Herald previously that his client has been cooperative.

“This case, as with nearly all police shooting-self-defense cases, involves Mr. Stoneburner being into a situation of having to make split-second decisions under tense, uncertain and rapidly evolving circumstances,” Williamson said. “It is very typical in these types of cases that the focus will be on what is reasonable under those...circumstances.”

THE LAWSUIT

Bledsoe said that the lawsuit — which alleges violations of the Fourth, Fifth and Fourteenth Amendments — concerns issues of accountability.

“Ms. Murray is seeking justice and accountability from a system that has refused to acknowledge the grave harm it did to her,” Bledsoe said. “There is no way to erase the nightmare, pain, and physical harm she suffered and continues to endure or those moments when she was running for her life, but our legal system does provide a pathway to hold those responsible accountable.”

In their respective motions to dismiss, both defendants argue that the lawsuit should only be allowed to proceed against the other defendant.

On June 1, Cove’s attorneys with Waco law firm Haley & Olson, P.C., filed its motion to dismiss, calling the lawsuit “threadbare.”

The city argues that it is not liable because the police department’s official policies did not cause its employee to violate Murray’s civil rights.

“Plaintiff (Murray) must establish that the government, through its deliberate conduct, was the ‘moving force’ behind the harm suffered by the plaintiff,” according to the city’s motion to dismiss. “The unconstitutional conduct must be directly attributable to the municipality through some sort of official action ... isolated unconstitutional acts of employees will almost never trigger (municipal) liability.”

For his part, Stoneburner’s attorneys with a different Waco law firm — Naman, Howell, Smith & Lee, PLLC — filed a motion to dismiss on June 20, saying that Murray should only have filed suit against the city.

“Because (Murray) has elected to pursue the legal and factual position that Stoneburner was acting as a police officer of the city at the time of the relevant events she must pursue her state law claims against the City only and those claims must be dismissed against Stoneburner,” according to Stoneburner’s motion.

At the end of the day, it could be a jury that decides the case because Murray has demanded a trial.

“Ms. Murray is a community minded person and has seen up close and personal the difference good people can make in someone’s life,” Bledsoe said. “So, besides the compensation she is due, she is hopeful that her lawsuit will cause for changes in training and supervision of police officers and also to new policies on the use of force and greater openness with the public.”

The Herald will continue to follow this case.