HOUSTON — Shanita Terrell believes someone spiked her drink the night she stopped by a Houston bar in 2020. Intoxicated and disoriented, she remembers little of what happened after that. A married mother of two who had recently moved to the city, Terrell did not know the Harris County Sheriff’s Office deputy who approached her in full uniform. Deputy Mark Cannon, working off-duty as a security guard at the bar, handed her a bottle of water before escorting her outside and encouraging her to go home with another law enforcement officer – a man she did not know. Hours later, Terrell woke up in pain.
What happened in between — reconstructed through the plaintiff’s allegations in court records and disciplinary rulings in police internal affairs files — raises questions about the supervision of law enforcement officers in off-duty environments and what recourse citizens have when something goes wrong.
Cell phone video of Shanita Terrell recorded by Harris County Deputy Mark Cannon in February 2023. Provided by attorney Randall Kallinen
After Terrell had become visibly disoriented, her cousin, a waitress at the bar, texted Deputy Cannon, asking that he “take care of her.” Police records show Cannon did not call a ride-share vehicle, did not ask for medical help and did not keep her in public view. Instead, he walked her outside, failed to activate his body camera as required by department policy, and pulled out his personal cellphone to record while he directed her into the front seat of the other off-duty deputy’s patrol car. That deputy, Michael Hines, was still in uniform.
“You’re getting a free ride,” Cannon told her.
“No, I’m not,” she responded.
Internal Affairs investigators reviewing the cellphone video later noted Cannon laughed and added the parting words, “See you in the morning.”
Terrell woke up the next morning with pain in her vaginal area. She went to a local hospital for a rape kit, which revealed Hines’ DNA was present on her underwear. Hines was charged with sexual assault and later pleaded guilty to attempted sexual assault. Terrell said she believes Hines should have gone to jail, but instead he was sentenced to six years of probation.
Terrell also sought to hold both the bar and Deputy Cannon accountable. She sued The Address bar in state court and, according to her attorney, reached a confidential settlement. When Terrell sued Cannon for his role in the incident, her lawsuit was dismissed. The reason: Cannon’s job as a law enforcement officer provided protection from civil lawsuits that normal civilian employees do not receive. In Texas, even while working in an off-duty capacity, officers can claim the legal doctrine of “qualified immunity.”
While some states’ legislatures have banned qualified immunity for officers, even for actions taken while working their regular police jobs, a joint investigation from the Howard Center for Investigative Journalism at Arizona State University and CBS News found the nation’s courts are split on what to do when officers go to work for private businesses to earn extra money. As a result, in many states, if an officer violates the law while “moonlighting,” there is an increased chance they – and even the business – can limit or entirely avoid civil penalties when something goes wrong.
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