Updated Statement on Marvin Driver Investigation
December 30, 2008 - An extensive Internal Affairs Division investigation, including independent eyewitness statements and a review of hospital medical records, has concluded there is no evidence to substantiate allegations made by Mr. Marvin Driver Jr. that he was assaulted following his arrest during a traffic stop about 1:30 a.m. on November 17.
The allegations against HPD Officers B. Guzman, G. Cruz and M. Marin have been ruled as not sustained. A disposition of not sustained means the investigation could not prove or disprove Mr. Driver’s allegations. The three officers, who have been on administrative duties since November 20, will return to their regular patrol assignments immediately.
Medical information obtained by investigators does not support or indicate any injuries to Mr. Driver consistent with a recent assault.
Two independent witnesses provided similar statements given by the three police officers involved in the traffic stop and its aftermath. Following Mr. Driver’s arrest at 8300 Gibbons, he was transported around the corner to a vacant lot at 1200 Roosevelt so officers could complete their arrest paperwork stemming from the traffic stop. The witness statements indicated Officer Marin, whom Mr. Driver alleges repeatedly assaulted him at 1200 Roosevelt, remained inside his patrol vehicle at that location. According to witnesses, no signs of an assault or altercation took place involving Mr. Driver and the officers at the Roosevelt location.
After leaving the Roosevelt location with Mr. Driver in the back seat of their patrol vehicle, Officers Cruz and Guzman transported him to the Southeast Jail at 8300 Mykawa Road. Upon arrival to the jail, the officers stated Mr. Driver was unresponsive. A jail doctor examined Mr. Driver and advised officers to contact HFD paramedics. HFD then transported Mr. Driver to Memorial Hermann Hospital.We take allegations such as these very seriously and conduct thorough investigations into such cases to make sure we are transparent and maintain the confidence and trust of the citizens we proudly serve.
information, please contact the HPD Public Affairs Division at 713-308-3200.