Paper: Houston Chronicle
Date: Tue 01/30/2007
Section: B
Page: 3
Edition: 3 STAR
 

Former graffiti artist sues officers / He says he did not resist arrest at festival and was wrongfully jailed

By DALE LEZON
Staff

A one-time graffiti artist who has used his art to help city officials filed a federal lawsuit Monday against two Houston police officers he claims violated his civil rights by jailing him for resisting arrest.

Phillip Perez, 27, said he did not resist the officers. "They got real rough, real quick," he said.

The lawsuit names Houston police officer Noe N. Juarez, Sgt. Stephen K. Leatherman and three unidentified officers.

Houston Police Department officials said they could not comment on the lawsuit because they have not seen it.

Perez, who acknowledged he spray painted graffiti as a youth, said he was giving an aerosol-painting demonstration for an art festival in November when he was arrested.

He had set up boards to paint in the parking lot of Numbers, a nightclub in the 300 block of Westheimer.

Perez said Juarez and Leatherman asked him if he had a city permit for the painting. He objected, told them he needed to complete his workshop and that they could speak to the festival organizer about the permit.

Then the officers grabbed him, ripped his shirt, handcuffed him and took him to jail, he said. He was charged with resisting arrest, a misdemeanor.

The charge was dismissed Jan. 26, according to court records. The Harris County district attorney's office did not return a call seeking comment.

But Perez's attorney, Randall Kallinen, said at a news conference Monday that the video of the arrest shown to prosecutors indicated that Perez did not resist the officers.

Perez, also known as Article, volunteered a few years ago with the Mayor's Anti-Gang Office to paint anti-smoking murals in the city and to educate law enforcement about graffiti, said James Odom, an office program manager.

Perez said he hopes the suit will help him recover attorney fees and other expenses related to his arrest. He'd also like an apology from the officers.

"I want justice," he said.