2006 In the season, Backe was the Astros No. 4 starter. But after two starts he went onto the disabled list for three months. He returned in late July, but on August 19 he sprained a ligament in his right elbow was placed on the disabled list again. This injury required Tommy John surgery, which was successfully performed on September 7, 2006. 2007 Although Backe's recovery time was slated at 12–18 months, he rehabbed aggressively and made his return on September 4. In his return, he gave up 4 runs (3 earned) in 5.2 innings, taking the loss, but won his last 4 starts of the season for an ERA of 3.77. 2008 During the season, Backe was totally healthy and made 31 starts for the Astros, although it turned out to be a disappointing year for him, as he went just 9-14 with a 6.05 ERA. He led the majors in home runs allowed, with 36, in home-runs-per-9 innings (with 1.9), in home runs per plate appearance (with 4.8%), and in highest-slugging-percentage-against (.544) and OPS-against (.920). On October 5, 2008, Backe was arrested, along with nine others, after being involved in a fight at a wedding. He was charged with interfering with a police officer and resisting arrest, but a grand jury declined to indict him. On October 18, 2008, it was reported that Backe's attorney filed a complaint with the FBI, claiming that Backe's and the other arrested citizens' civil rights had been violated by the officers. In 2014, in a federal lawsuit that he and others who were injured at the wedding brought against several Galveston, Texas police officers, Backe testified that he heard a cry referring to Cole O'Balle, the brother of the bride: Backe said he ran to the sound and encountered O'Balle face down on the ground and surrounded by police, his face bloody and the prongs from a stun gun stuck in his back. O'Balle was flown by helicopter to a Houston hospital. Backe said officer Nicholas McDermott "screamed, 'back the f--- up." Backe said he could back up no farther and told the officer, "Chill out, we can't back up. You've got enough room." At that point several officers attacked him, he said, striking him as he fell to the ground and continuing to beat him until his face was bloody. One kicked him in the face, he said. When he fell,