Officer files suit against suspect accused of running him over

AUSTIN (KXAN) — An Austin police officer has filed a lawsuit against a man accused of running him over with a car while trying to flee from the officer, according to court documents.

Deshawn McClain, 21, was charged on Feb. 1 with aggravated assault on a public servant, evading arrest, leaving the scene, and possession of a controlled substance, a first degree felony.

An Austin Police Department tactical team had received information McClain was trafficking crack cocaine, and after a pair of controlled buys and surveillance, officers made the decision to detain him after he stopped at a gas station in East Austin, according to an arrest affidavit.

When officers moved in to arrest him, McClain attempted to flee in his vehicle, crashing into police cars as they tried to block him, the document said.

Officer Roy Martinez, who had exited his police car, was then struck by McClain’s car and thrown about 10 feet backwards, the warrant said.

Martinez’s lawyer says they are seeking damages for medical expenses, and pain and suffering. The lawsuit says Martinez suffered a fractured thumb and injuries to his arm and leg.

The suit also claims McClain had the equivalent of more than 120 individual bags worth of crack cocaine.

McClain was being held on $1.75 million bond. provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Users who violate these terms, including use of vulgar language or racial slurs, will be banned. If you see an inappropriate comment, please flag it for our moderators to review.

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