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Caldwell Pedestrian Hit By Patrol Car Released From Hospital Save Email Print
Posted: 12:16 PM Sep 3, 2008
 Last Updated: 12:53 PM Sep 3, 2008
 Reporter: Crystal Galny
Email Address: galny@kbtx.com
45 comments
A | A | A

A 19-year-old pedestrian struck by a Caldwell police car was recovering Wednesday from his home.

James Keith Erwin was released from Scott and White in Temple after being hit by a patrol car Monday night while crossing Highway 21.

We spoke with Erwin from his Caldwell home who says he has several broken ribs and a fractured shoulder bone.

The Department of Public Safety is investigating the crash and officials say they will subpoena Erwin's toxicology results from the hospital. Erwin was wearing dark-colored clothing and was not crossing at a crosswalk, according to DPS officers.

Erwin said Wednesday that he was not been drinking or taking drugs prior to the accident.

Officials say the car was driven by Caldwell Police officer Cougan Hignight.

Hignight was not placed on administrative leave because officials don't suspect criminal intent on Officer Hignight's part, and they are treating the case as a traffic accident, according to Caldwell Police Chief Paul Lilly.

This is the second high-profile incident involving Officer Hignight. In June, he fatally shot a man accused of armed robbery after being wounded himself.

Correction: KBTX-TV reported the name of the victim as Elliott Erwin, which is actually James Keith Erwin. Incorrect information was given by the investigating DPS officer and we apologize for the error.

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Posted by: caldwell on Sep 11, 2008 at 05:39 PM
there is only one cross walk on 21 and 36 ,so if you need to cross the road ,you better be prepared to walk. cause the only one is at 21 and hall
Posted by: Anonymous Location: Caldwell on Sep 11, 2008 at 10:04 AM
I cant beleive all the bad comments everyone has made from it was a drug deal gone bad and to take this child out because he is no good too society. Get a life .What if that was your child would you be saying that then.I know this child and he does have a job and is a kind person at heart.
Posted by: caldwell retired officer on Sep 10, 2008 at 09:26 AM
why is this man still on the job? are you really that needing help that bad? it won't be that long and you or going to be in hot water. get rid of him. put him on leave without pay. this just makes the city look bad.
Posted by: temple street on Sep 8, 2008 at 12:02 PM
what does a house on the oppisite side of town got to do with this. she does not even have the internet . you dunb moran
Posted by: Resident Location: Caldwell on Sep 7, 2008 at 06:20 PM
I see a lot of people on here saying it was hignights fault, i see a lot of people on here saying that james was in the wrong. A lot of you also fail to realize that james was walking, whether he was J walking or not...i thought that pedestrians had the right of way no matter what, your supposed to yield to pedestrians....i guess that officer hignight skipped that chapter, or that segement in class when he was in college. I think that officer Hignight should spend less time at Zip in checking out women and more time thinking about his job at hand.
Posted by: lights Location: Caldwell on Sep 7, 2008 at 03:58 PM
I think caldwell utilities better check their light, if i recall the light where the accident happend, has been out for several monthes now.
Posted by: Ha Ha Ha Location: Caldwell Texas on Sep 7, 2008 at 03:45 PM
The last time i checked, i didnt see any crosswalks on highway 21...and the last time i checked James wasnt wearing any dark clothing...where did hignight come from anyway??? Maybe Mr. Hignight should be behind a desk pushing papers instead of putting other peoples lives in jeopardy, hes supposed to be saving lives, not hurting them....as for james, he is going to have a good recovery, i know that because he is a very strong person...and as for Officer Hignight, leave the women in Caldwell alone. ooopss did i say that out loud.
Posted by: convenience store Location: employee on Sep 6, 2008 at 12:44 PM
Speeds in caldwell have always been bad. the chief and city council DONT WANT the police to write speeding tickets, because they DONT want the city to have a reputation as a speed trap. the officers are TOLD not to even pull people over unless it is 14 mph over. even then, NOT to give them a ticket for it. i used to date one of the reserve officers, kraatz, before he sexually assaulted my friend at DKs, and shot his gun several times on the side of the road (hey kbtx, investigate those, those were covered up!! seems hignigt is always on camera and everything else gets covered up). and theres the sgt. tj whos fiance always does 80 mph thru town to get to work, and tjs told his officers NOT to pull her over because they'll get in trouble. hopefully KBTX will investigate the sexual assault and the shooting that was covered up.
Posted by: guess who on Sep 6, 2008 at 08:48 AM
Why Caldwell Police Department didn't release the video to this, they do for everything else.
Posted by: ridiculous Location: texas on Sep 5, 2008 at 11:20 PM
just so that some of you know..officer highnight could have been responding to a call but he is not required to run with lights and sirens because it tends to make idiot drivers even worse adn they cannot respond to the call. if it were you who called the police dept and he didnt get there as quickly as possible you would be upset and ticked at the pd for that. if the pedestrian was wearing dark clothing and crossing in the middle of the highway he should have been paying attention. you cant tell me he couldnt see the officers headlights on his car if he was paying attention. you should all take some law enforcement classes and become a cop if you think you can do a better job than these guys who are underpaid and overworked and expected to everything at your beck and call or else they are useless "pigs".
Posted by: Dave Location: CS on Sep 5, 2008 at 11:06 PM
If an average Joe Citizen ran over this young man, we'd be saying "Oh, that stinks", and chastise the young man for running out in the middle of a highway. Because it was a police officer, it must somehow, someway, be the officer's fault.
Posted by: your kidding me Location: caldwell on Sep 5, 2008 at 09:07 PM
There was just a pedestrian KILLED in hearne. He was CROSSING THE ROAD, where cars travel at high rates of speed. Dont see anyone posting anything about putting that driver up in front of a firing squad. Guess the people there realize it was the PEDESTRIANS FAULT. ANY person crossing the road without looking, or not at a crosswalk, should expect to get hit. sorry for the family, but Charles Darwins theory is still alive.
Posted by: o'neal st on Sep 5, 2008 at 08:10 PM
just for your info. james had three test . all where neg. so there you stupid people of caldwell.
Posted by: both at fault on Sep 5, 2008 at 11:59 AM
i think every one should just leave this along and let Austin handle it, but they are both at fault ,so lets just on with life like always and just think about things here there two side to every story and we all know what side will win and there nothing no one can do about it
Posted by: kristi Location: deanville on Sep 5, 2008 at 08:43 AM
you people are unreal. I can't believe the comments here.Just show you how stupid people are in Caldwell
Posted by: Anonymous on Sep 5, 2008 at 05:22 AM
"what if a average joe hit the boy. where woud he be? of that's wright he'd be in jail" The truck driver in Hearne that KILLED a pedestrian isn't...in fact, he hasn't even been charged, although if his tests come back drunk, he might be. Just like the cop.
Posted by: Angryatcops Location: B-CS on Sep 4, 2008 at 09:16 PM
Why is the cop not in trouble? He was speeding 15 miles per hour over the limit in town. If he was in persuit he should have had his lights and siren on. Then maybe James would have had heard him coming and would be fine today. We need to punish these short-guy syndrone cops just like the average citizen when they mess up. Maybe our "hero" cop was picked on in high school?
Posted by: Mr. Billy on Sep 4, 2008 at 08:47 PM
You people are unreal. Why do you all keep saying you hope this guy is doing okay, and gets better and all this. The guy has been convicted of several crimes including drug offenses. He contributes Nothing to society, I'd bet he has no job, but now he'll try and sue the city and make a buck all for being a stupid MF 'er crackhead! You all are exactly what is wrong with society. Too bad the car didn't take this punk loser out for good. Out
Posted by: Anonymous Location: Caldwell on Sep 4, 2008 at 02:12 PM
God speed in the recovery of James, and prayers go out to his family for strength in helping him heal. As far as Caldwell PD, they are a joke. Ask anyone that lives in Caldwell. I have been a resident there all my life and in the many years of my residency this is the first time where I have had no respect for the police department. Accident or not, why is Hignight not being punished for his excessive speed? If it was anyone else driving 60 mph in Caldwell they would have been punished as Caldwell is a speed trap. Hignight deserves no special treatment just because he has a badge, him on the force makes Caldwell PD such a joke.
Posted by: Mary Ann Location: Bryan on Sep 4, 2008 at 01:46 PM
Caldwell has always welcomed outsiders and treated them like royalty. Even in high school, a girl could move in and if she was remotely cute she'd get cheerleader and laugh at the natives. The town is bass-ackwards, I tell ya.
Posted by: caldwell on Sep 4, 2008 at 12:51 PM
yes i'ts right the next day this hignight was back on duty. what if a average joe hit the boy. where woud he be? of that's wright he'd be in jail. somebody needs to wake up. this is a bad cop, and needs to be charge him with,but knowing caldwell they will give him another metal.
Posted by: Anonymous Location: CALDWELL on Sep 4, 2008 at 11:38 AM
Erwin past has nothing to do with him getting hit.I have seen how caldwell cops drive maybe someone should be watching them.Cops of all people should be watching the main roads and side streets for people. Rember our tax dollars pay the cops.
Posted by: Jim Location: Austin on Sep 4, 2008 at 10:03 AM
My guess is that the officer is still swaggering around town dubbing himself as the "hero" from the carjacking incident and assumes that makes him immune from speed limits now.
Posted by: gerry Location: Cameron on Sep 4, 2008 at 09:34 AM
Well Alex I was a police officer for a while and our duty was to serve and protect the community, which means the citizens residing in that community. I have never heard in my life a cop being hired to protect the government. You may be correct, but if so, that is really, really sad.
Posted by: To JW on Sep 4, 2008 at 08:10 AM
"Law enforcement should "patrol" not race through the streets, especially at night. " Yes, if you "patrolled" carefully at less than the posted speed limits, stopping at all red lights and stop signs while responding to requests for backup from your fellow officers, I can understand why you are now EX law enforcement...
Posted by: J W Location: Caldwell on Sep 4, 2008 at 06:08 AM
As an ex law enforsement officer I am disappointed and ashamed of the actions of the city police over the last year or so. You will routinely get passed by city cops going in excess of the speed limit and running red lights. I knew it was only a matter of time before we had an accident. Law enforcement should "patrol" not race through the streets, especially at night. You dont see this with the DPS or county officers. If I was going over the speed limit and hit someone. They would be wanting to check me for drugs or alcohol. Not the person that I hit.
Posted by: relieved Location: caldwell on Sep 4, 2008 at 01:25 AM
OMG, how fitting. ABC 40 is showing pictures of officer hignight in a police patrol car, and erwins MUGSHOT from jail. Yeah, lets side with crackheads from jail, over police. CALDWELL CITIZENS RULE!!!!!
Posted by: relieved Location: caldwell on Sep 4, 2008 at 01:20 AM
I hope and prey everyone reading these posts go to college, law school and pass the police academy and take their jobs. Everyone on here is so good at arm chair quarterbacking from the safety of the home the same police they bad mouth give them. Above all else, I PRAY that officer hignight heads the advice of everyone who doesnt know the law, and the next time one of your kids is being beaten up, or your mom robbed, or your sister stabbed, HE DRIVES AS SLOW AS POSSIBLE. Because we all know we want to jump the police for everything they do, and then whine when it happens to us. Funny to see all this talk without the video. Just like the shooting. Everyone talked smack until the video showed how it was the criminals fault. Well, Erwin also is a criminal. He has multiple arrests, and if he was JAYWALKING IN THE MIDDLE OF A HIGHWAY, guess he should of read the law about crosswalks.
Posted by: KJ Location: Caldwell on Sep 3, 2008 at 10:55 PM
Yes to Huh! from Bryan, the man that officer Hignight shot robbed Brookshire Brothers at Gun Point and shot at hignight several times first before he could even stop his car. If your spouse, mom, daughter or son worked at brookshires and was shot you would be blaming him for not protecting them. And as far as the car, that YOU say he wrecked He pitted a known drug dealer that was running because he had 2 huge rocks of over an ounze of cocein. A perfect pitt by the way ( I seen it happened)The pedestrian was crossing in front of a moving traffic. Its terrible he got hit but Officer Hignight would not and did not hit the 19 year man on purpose. I guess you havent lived in the country very long. How many people hit squirrel, raccoons. dogs, cow, and even Huge deer and never see them coming. If it jumps in front of you, you dont have time. and Hignight did swerve to miss him as the DPS said. If he was on his way to save your pothetic life you would be praying he was speeding. Go Hignight!
Posted by: Anonymous on Sep 3, 2008 at 09:12 PM
umm... not sure if anyone else realizes this but there were 3 officers involved in that shooting. all 3 opened fire INCLUDING the chief. but everyone is blaming the rookie? and now this happens, a simple ACCIDENT that could happen to anyone on Gods green earth but no, it is the officer's fault?
Posted by: Peace Officer's Granddaughter on Sep 3, 2008 at 07:28 PM
To Dan in College Station: AMEN! and to "thank god" in Caldwell: a similar incident happened in Grimes a few weeks ago except the person that hit the young man was NOT a cop and she still faced no criminal charges because it was an ACCIDENT! And Alex: Since you see fit to give us the run-down on the fact that police are under no obligation to protect citizens according to your google search--don't call them.
Posted by: To Dan on Sep 3, 2008 at 06:58 PM
Alex and Thomas both feel that ALL Police should be assumed guilty even after being proven innocent. They shouldn't ever speed or stop speeders, DWIs, or drug deals (that's the protecting SOCIETY rather than the people(ie the speeders, DWIs, and Junkies), but instead should spend all their time making sure that they are always be present wherever a REAL crime (defined as any crime that they weren't able to prevent) is taking place.
Posted by: Get out of the road! on Sep 3, 2008 at 06:47 PM
Stop, look and listen before you cross the street. First use your eyes and ears, then use your feet.
Posted by: What has our justice system came to on Sep 3, 2008 at 06:00 PM
How much more fame is this man gonna get from either killing someone or almost killing someone...Haven't we given him enough attention...He is feeding off the attention he is getting...Was he on a call or what...Because I can promise you if I was going threw Caldwell going 60mph I would get stopped..WE can get stopped in this town from simply going threw Freeman Town,your skin being the wrong color,and God help us all that have put comments because what is gonna happen to us..See,this is how this police force works..It is time that this city takes a stand...Or do they target the ones of us that they think don't have the means of doing anything about it...I am very thankful that James is doing well...My prayers are with you for a quick recovery...The focus should be on him not the crooked officer..I have always been told that the Good Lord don't like ugly..His captains and everyone else my not see his wrongs,but there is someone that does...God be with your poor soul
Posted by: Wreckless Driver on Sep 3, 2008 at 05:49 PM
Okay 60 mph...Is he an ex-wrecker driver of a wreckless driver..It is sad that a young boy gets hurt but yet they find fault in the victom.Was he the only person that had a toxicology report done...Or was it automatically assumed that the cop may not be on drugs or drinking...Being that not to long ago the local gossip by Cougen Hignight himself was how a local ex-police officer in Caldwell was nothing more than an alcholic...Caldwell Police force has got to be the most unprofessional department I have witnessed in my life..Hope the cause of this boys injuries wasn't due to the fact that the young boy would not work for the police,being he talks all over town about how if you don't narc for them he will paper ----...He can feel in the blanks of his favorite line.It only takes a department leaving one bad officer on the force to make the whole force look bad. It is ashame that there a few good officers being made look bad by one.When is the city of Caldwell gonna do something about him.
Posted by: Life Long Resident Location: Bryan on Sep 3, 2008 at 05:49 PM
I see a lot of folks bashing the police nowadays. Not just on this blog, but in many forums. I guess some of you have forgotten, or never heard, the old saying "The Thin Blue Line"! They are the ones that stand between the good & evil of society. Given the world we currently live in & biblical predictions in Revelation, the day will soon come when you will wish you could go back to todays freedoms. Do you think you would like to live under Marshall Law? I saw a recent news story about gangsters joining the military to learn about weapons & tactics to later use on civilians & police! Somewhere in the bible it states "Blessed are the peace keepers". Police officers are human beings. They have families, friends & hobbies like everyone else. Just like any profession, there are good & bad. Its the bad ones that we do not want & when I say bad ones I am speaking of those that get into the profession with bad intentions. No human can make a perfect decision in a split second 100% of the time!
Posted by: HUh!! Location: Bryan on Sep 3, 2008 at 04:52 PM
Is this the same cop that has been out of the police academy for less than a year, and already wrecked one police car, shot someone and has now hit a pedestrian? HMMM! Caldwell, do you take the bottom of the class from the academy? Yes the boy was in the wrong if he was jay-walking, but driving 60 mph, does this cop think he is above the law?
Posted by: Alex Location: Bryan on Sep 3, 2008 at 03:51 PM
Perry, What makes this newsworthy is that it was causes by a public servant.
Posted by: Alex Location: Bryan on Sep 3, 2008 at 03:49 PM
Gerry, The duty of the police is to protect the government, not the citizens. They are actually under NO OBLIGATION to protect citizens - did you know that? Upheld by many court cases. Do a google search for "police no obligation to protect" to get you started.
Posted by: thank god Location: caldwell on Sep 3, 2008 at 03:21 PM
I just want to say thank God the boy is at home and doing okay, this could had been worst then what it was but , every one just need to think about this this could had been one of your family member and what you or i would had hit the boys then we would be facing charges and i do think that the offier should had been taking off of work till he was clear of every thing , but this goes out to every one you need to watch the road and not worry about a cell phone call life is life and a phone call is just a call that can be made at any time, but once life is gone you can't get it back i am glad that the boy is okay, but Caldwell does need to be check into before this is said and done it going to get ugly watch and see thank god one more time and God be with both boys
Posted by: Pilot on Sep 3, 2008 at 02:44 PM
Clearly there were racist motives involved....after all, it is Caldwell. Why, we alll know that everthing that happens here is racist, right. BTW, vote Nobama, and keep the change.
Posted by: Dan Location: College Station on Sep 3, 2008 at 02:44 PM
Alex, I think most cops agree that they are "more subject to the laws." Unfortunately, the problem here is that in the current ligitious society in which we live, we want to "blame" someone for everything, accident or not. In case you haven't noticed in your apparent constitutional scholarship, we aren't in Mexico, so traffic accidents aren't criminal offenses. I also applaud your ability to see that officers are making personal cell phone calls, apparently your skills go into lip-reading also. Seeming like a hot-head, I don't know the officer in question, but I again don't make assumptions unless I have something other than a news report to base them on, but in cases where people make unsupported allegations like this, I feel that they've tipped their hand. I saw you said "instead of blaming the victim." Perhaps you could carry that further, and instead of blaming the person enforcing the law, you might blame the one breaking it yourself.
Posted by: Gerry Location: Cameron on Sep 3, 2008 at 01:47 PM
this should be the end of this story. the young man is recovering at home and the officer is going about his business protecting the citizens of caldwell. but just you wait and see, it won't be long til we see some lawyer representing this 19 yr old and suing the city. i hope i'm wrong.
Posted by: Perry Location: Caldwell on Sep 3, 2008 at 01:34 PM
What deems this such a news worthy event? There was a little girl hit at Brookshire Brothers by a car was taken to the hospital on the same weekend and it did not make the news. I just think it is a weak story to put so much emphasis on.
Posted by: Alex Location: Bryan on Sep 3, 2008 at 12:53 PM
Are these exactly the same actions that would be taken if the driver was NOT a cop???? Blame the victim? Sounds like we need to get the Fed involved in civil rights violations. Cops are actually MORE subject to laws - not LESS. Allow them to get away with this is a sure-fire way to get a police state. I see the shooting incident was in June and he was an "8 month veteran" so this guy's been on the force less than an year? He seemed like a hothead then and now this. Perhaps he was making personal cell phone calls like I see most police do. We need to take the cars away from most police and they need to walk a beat - PERIOD. This insulation from the rest of the world is going to their heads.
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