LINCOLN–(KFOR Oct. 19)–A harassment order has been filed in Lancaster County District Court by the mother of a 9-year-old Lincoln girl that was hit back in May by a vehicle driven by Chief Deputy Sheriff Ben Houchin.

On Thursday, Lancaster County Sheriff Terry Wagner said an internal investigation is underway into the allegations made by Tiarrah Moton in her request filed on Wednesday.  She’s already filed a civil lawsuit against Houchin related to the May 10 crash near NW 8th and West Jennifer Drive.

Houchin is accused of driving too fast for the conditions, where he hit 9-year-old Janiece Moton.  Houchin was off-duty at the time and in his personal vehicle.  The crash report indicated he was driving under the 25 mph speed limit and the girl was not wearing a helmet.  Houchin apparently had looked down briefly to change the radio station he was listening to prior the accident.

Days after the crash, Lincoln Police concluded their own investigation which indicated Houchin would not face any criminal charges for his involvement.  Back in May, Sheriff Wagner indicated Houchin did not violate any of LSO’s policies.  He said Houchin stopped to offer aid and had cooperated with police.

The girl had been in the hospital nearly a week with a skull fracture, brain bleed and other injuries.

Sheriff Wagner on Thursday morning told reporters the judge in the case has set a court date of Oct. 26 to decide the issue.  He told reporters that Tiarrah Moton said in her request for a protection order that she told Lincoln Police that on Oct. 1 and this past Tuesday that Houchin was harassing her.

Wagner says the harassment complaints were being handled by LPD and that the Sheriff’s Office and Houchin, who remains working with the department, were cooperating in the investigation.

Tiarrah Moton claims in her lawsuit she believes Houchin is trying to intimidate her family.  In the protection order she filed this week, Moton claims Houchin and a friend were inside vehicle at the end of her driveway and got out and stared at her, after she walked outside her home.   Houchin lives in the neighborhood.

Wagner said there was no claim in the petition of any verbal or in-person contact and electronic communication with Houchin.

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