- Associated Press - Tuesday, November 11, 2014

HOUSTON (AP) - A Houston judge has dismissed a charge of official oppression against a deputy constable who was videotaped kicking a man on the ground.

Judge Denise Collins ruled Monday that the statute of limitations has run out on the misdemeanor charge against Jimmy Drummond.

Harris County deputy constables including Drummond pulled over a 26-year-old man for running a stop sign near his family’s home in September 2011. The incident was captured on patrol car video.

Prosecutors filed a criminal complaint against Drummond in 2013 and a grand jury indicted him. His attorneys tell the Houston Chronicle that Drummond kicked the man because he believed the driver had a gun.

Prosecutors say they might appeal.

Drummond had been placed on administrative leave. His attorney tells KRTK-TV the deputy will likely be reinstated.

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