AJ Armstrong files lawsuit against City of Houston for actions during murder trial
HOUSTON - The young man accused of his parent's death in 2016 and on trial for their murder, is suing Houston.
Antonio Armstrong Jr., 23, also called AJ Armstrong, filed a federal lawsuit against the City of Houston on Tuesday as a Harris County jury deliberated in his capital murder trial.
In the lawsuit, it claims blood flakes later found on the t-shirt taken from Armstrong by Houston police for evidence "was planted by, or in conspiracy with, one or more persons at the HPD in order to try and convict Armstrong of capital murder and to taint his reputation in the mind of the public."
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Armstrong was arrested by Houston Police Department officers in July 2016 for the death of his parents, Antonio Armstrong Sr. and Dawn Armstrong, who were both shot and killed in their bedroom while they slept.
The t-shirt the 16-year-old at the time was wearing, was taken in for evidence and extensively tested by Houston Forensic Science Center, the lawsuit states, and no DNA evidence was reported to be found.
According to officials, the shirt was in possession of the City of Houston, including the HPD property room.
On the first day of Armstrong’s third trial, Harris County DA stated two pieces of blood belonging to Armstrong’s father, Antonio Armstrong Sr., were found on the back or under a nametag sticker the police put on AJ’s t-shirt when he was arrested the night of the murder.
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Multiple HPD officials who testified during the trial said they saw no blood on Armstrong when he was arrested, the lawsuit said.
The lawsuit also states an expert witness testified one or two blood spots found on Armstrong’s shirt under the badge were transferred there, implying human action caused the blood particle to be there after it was taken from Armstrong.
Armstrong’s previous two murder trials ended in hung juries and the main argument of Antonio’s defense was no DNA evidence was found on Armstrong or his clothes.
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The third trial which began in late July, was supposed to begin in early June but the Friday before the first day, the blood spots were found. Defense Attorney Rick Detoto says the dried blood is likely there seven years later as a result of cross-contamination.
Attorney’s for the Armstrong claim, the City of Houston acted intentionally and with malice in placing the blood found on Antonio’s clothing and/or nametag and continuing with prosecution knowing the DNA was placed by human action after the shirt was taken from Armstrong.
They also claim the City of Houston violated the Fourth Amendment by allowing the "planted" evidence to be attributed to Armstrong and included in the trial knowing it was false and violated the 14th Amendment’s due process clause by abusing their power and violating Armstrong’s property and liberty.
Armstrong’s lawsuit goes on to say he seeks damages for mental anguish and the City of Houston is liable for punitive damages and referred to their actions as "extreme and outrageous and shocking to the conscious."
The City of Houston gave us this statement:
"As far as I know, the City of Houston has not been notified officially about the matter. Once we receive details, the City will respond first in court and not in the media."
On Tuesday, Armstrong's third trial had closing arguments. The jury began deliberations soon after and has yet to come to a decision as of this writing.