Houston man sues Katy apartment complex, security guard company following bizarre incident

KATY, Texas - "I'm thinking I'm the one that called 911, and now I'm the one locked up," said Carlton Borders. "It was hard for me to accept."

Borders says he went to Kingsland West Apartments at 18325 Kingsland Boulevard on September 21, 2022, to visit a friend.

SUGGESTED: International non-profit takes on Dubai detention to free Houston woman

"The security officer downstairs just started yelling is there a problem, and I had no idea he was directing that towards me, because nothing was happening where I was," Borders said.

The lawsuit accuses security guard Jose A. Herrera of slamming a bag filled with Taco Bell food against Borders head. 

"And then I turned around, I started asking 'What's going on? Why are you doing this,'" he said.

Borders says the altercation turned physical.

"He ended up pushing me and I ended up defending myself," he said.

DOWNLOAD THE FOX 26 HOUSTON APP BY CLICKING HERE

Borders says the security guard pulled a stun gun on him.

"That's when I called 911," he said. 

Borders says he left and put the strange encounter behind him.

But nearly two months later, Borders is arrested and charged with felony aggravated assault. He spent two days in jail. The charges were dismissed, due to insufficient evidence.

"We've all heard shopping while Black, we've all heard driving while Black. But this is a new one, visiting a friend while Black," said attorney George Edwards, whose filed a lawsuit on Border's behalf.

The defendants are Signal 88, aka Signal 88 Security, their security guard Herrera, and Kingsland West Apartments.

"Why does Mr. Herrera not have a license to be a security guard," said Edwards. "Our client wasn't running from the police. He wasn't threatening anybody. He didn't have any weapons."

"It was just really unbelievable," Borders said.

We reached out to Kingsland West Apartments and Signal 88 Security for comment. We've yet to hear back.