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Trooper in Sandra Bland case gets reprieve

A federal judge ruled that Trooper Brian Encinia may delay his deposition in the federal case until his criminal case is resolved in state court

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Texas State Trooper Brian Encinia after his arrest on a perjury charge.

Waller County Sheriff’s Office via AP, File

By Gabrielle Banks
Houston Chronicle

WALLER COUNTY, Texas — A federal judge granted a partial delay Thursday in a civil lawsuit brought by the family of Sandra Bland, who died in the Waller County jail after being detained following a traffic stop.

U.S. District Judge David Hittner ruled that Trooper Brian Encinia, who initiated the 2015 traffic stop that led to the 28-year-old black woman being jailed, may delay his deposition in the federal case until his criminal case is resolved in state court.

The Waller County District Attorney charged Encinia with misdemeanor perjury, saying he lied about his rationale for ordering Bland to exit her car. Bland hanged herself in her cell after a long weekend at the jail.

The case drew national attention amid mounting allegations, in various jurisdictions around the country, of police abuse against African-Americans.

Bland’s mother, Geneva Reed-Veal, sued Encinia, the Texas Department of Public Safety, Waller County, and 12 county officials at the jail.

Hittner did not issue a complete delay of the lawsuit. Instead, he ruled that allowing the trooper to delay his deposition should not pose an obstacle for lawyers in the case, since about 50 depositions need to be scheduled.

Hittner said Encinia could risk self-incrimination if he attempted to defend himself by testifying in the civil suit before he facing a judge on the perjury charge.

The discovery process will move forward, the judge said, and Encinia will comply with the court’s request once the criminal proceeding is completed.

(c)2016 the Houston Chronicle