Dallas faces lawsuit from family of innocent man killed in crash during I-35E police chase

The city of Dallas is facing a lawsuit from the family of an innocent driver killed during a police chase earlier this month.

Anthony Welch was driving on I-35E near Red Oak when he was crashed into by a suspect who was leading Dallas officers on a pursuit.

In an interview you’ll only see on NBC 5, attorneys for the victim’s family share why they want to hold the city accountable.

“First and foremost, to make sure this never, ever happens again to an innocent family, and they don’t suffer the devastation that this family has suffered,” said Quentin Brogdon, an attorney with Crain Brogdon LLP who is representing the Welch family.

Loved ones of Anthony Welch say they’re seeking justice for a loss they can never fully replace.

On Jan. 16, Welch and his wife Dee Baker were driving on I-35E near Red Oak.

They were quickly approached from behind by 29-year-old Gabriel Cerna, a suspect wanted for capital murder who was leading Dallas officers on a high-speed chase.

A Dallas police report says Cerna failed to control his speed, colliding with Welch’s car.

Welch died at the scene and his wife was hospitalized in critical condition. She remains in intensive care and suffered brain damage.

“We believe the balance here was not met with respect to risk versus benefits of this police chase at high speed on I-35E,” said Brogdon.

The Welch’s children are now suing Cerna – and the city of Dallas.

In the lawsuit, the family says the city, “is vicariously responsible for the negligence and recklessness of their employees/agents, the pursuing police officers.”

They alleged the officers’ decision to pursue Cerna for more than two miles on the interstate put bystanders at risk.

“And the tragic result was a death and someone who is fighting for her life in the hospital as we sit here talking today,” said Brogdon.

The Welch family could have difficulty seeking legal action against the city of Dallas due to the law of qualified immunity.

According to the National Conference of State Legislatures, qualified immunity, “protects state and local officials, including law enforcement officers, from individual liability unless the official violated a clearly established constitutional right.”

The defense has been used to insulate cities in North Texas from legal exposure in the past.

In 2021, a federal court ruled two Arlington officers couldn’t be sued for tasing a man covered in gasoline during a mental health crisis, causing his death, because they had qualified immunity.

“But there’s been some recent developments in the law that give us some hope and some pause here, and should give the city some pause in defending this case,” said Brogdon.

In October, the US Supreme Court threw out a federal appeals court’s decision to grant qualified immunity to police in Laredo who arrested a social media journalist who had published information obtained from police sources.

The Welch family said the decision showed cities can be held accountable under the law.

“Everyone, including my clients, would agree that police officers should be able to and should be allowed to pursue criminal suspects,” said Brogdon. “But reasonable care, a balancing of risks versus benefits, needs to occur, and we believe that just did not occur here.”

The Welch family is suing for at least $1 million in damages.

NBC 5 asked the city of Dallas and the Dallas Police Department for a response to the claims in the lawsuit. Both parties said it was their policy not to discuss ongoing litigation.