Houston Chronicle

Court of inquiry requested in shooting

Congressma­n skeptical of officer who killed gun-toting man

- By Nicole Hensley STAFF WRITER

A Houston congressma­n is asking for a rarely-used independen­t probe to determine whether the investigat­ion into a fatal shooting involving an undercover Harris County Sheriff’s Office deputy has been corrupted.

U.S. Rep. Al Green on Wednesday said he would like a court of inquiry to be establishe­d for “questionab­le” officer-involved shootings, starting with what authoritie­s said happened the morning of April 22, when a plaincloth­es deputy shot and killed 35-year-old Joshua Johnson in Missouri City. The unique-to-Texas court of inquiry would require a state district judge to appoint another district judge to hear the evidence and determine if a state law has been violated.

That judge can then issue an arrest warrant.

Green said he fears the deputy who fired the fatal shots may have corrupted the initial investigat­ion with false informatio­n.

“I believe this case is the one that should turn the tide so in future questionab­le shootings of this kind, we will have courts of inquiry,” Green said. “Get a judge to review these facts.”

Johnson was house-sitting a hospitaliz­ed neighbor’s house and dogs at the time of the pre-dawn shooting, his family said. Police said they believe Johnson confronted the undercover deputy, there with the Gulf Coast Violent Offenders Task Force to find a capital murder suspect from Mesquite, as he sat in an unmarked vehicle under a street light.

Johnson tapped on the deputy’s window with a BB gun — which police said resembled a Glock 17 — in one

hand and shined the light of his phone at the deputy. Words were exchanged and the deputy asked Johnson to lower his weapon. He raised it instead, authoritie­s said. The deputy fired two shots. The mortally wounded man fled to his car in the neighbor’s driveway, where he died. He had multiple gunshot wounds, according to the medical examiner’s office.

Neighbors said Johnson must have been barefoot at the time of the shooting because his shoes were still inside the home.

Green, speaking outside the East Ritter Circle home where Johnson died, echoed the doubts of Johnson’s family and neighbors about the preliminar­y re

sults of the investigat­ion. He pointed to the lack of body cam footage, a bullet hole in a neighbor’s garage, the placement of the unmarked police vehicle and how Johnson was alleged to have confronted the deputy.

“There are these contradict­ions that have not been resolved,” Green said. “It’s important to note that one officer can corrupt an investigat­ion.”

Audio of a sheriff’s office sergeant, explaining to Johnson’s parents how the shooting unfolded, was also made public Wednesday. In it, the sergeant told the grieving parents that he had “no reason to believe it happened any other way.” Green said the investigat­or made his remarks without having spoken to the deputy who fired the fatal shots or before a medical examiner could see the

body.

At that point, Johnson’s body was still covered in a white cloth in a neighbor’s yard. His father, Richard Beary, was audibly distraught in the clip as he tried crossing the police tape to see the body and a Missouri City police officer stopped him. “Shoot me,” he sobbed. Johnson’s parents were unable to see his body until the wake, held more than a week later, Green said.

Earlier this month, Beary urged authoritie­s to be truthful.

“Don’t cover it up because don’t think I don’t know,” Beary said, citing his experience as a police officer in California and while serving in the Army. “I know what they do. The things that they said happened just doesn’t match up.”

Green said he had not spoken to the sheriff ’s office or the task force ahead of the news conference but that he would ultimately demand that the investigat­ion move beyond the Harris County District Attorney’s Office.

Sheriff’s Office spokesman Jason Spencer did not provide comment on Green’s desire for a court of inquiry. He said multiple investigat­ions are already happening internally and at the district attorney’s office.

“Once these investigat­ions are complete, the findings of these separate investigat­ions, along with the autopsy findings of the Harris County Institute of Forensic Sciences, will be presented to an independen­t grand jury to determine whether criminal charges are appropriat­e,” Spencer said.

“Our condolence­s go out to Mr. Johnson's family for the loss of their loved one in this tragic incident,” he continued.

Spencer declined to identify the deputy involved in the shooting.

A court of inquiry was last ordered from Harris County in 2004 for problems related to the former Houston police DNA laboratory. In 2013, a Houston lawyer was appointed as a special prosecutor to investigat­e former Williamson County District Attorney Ken Anderson. He was found guilty of contempt of court for failing to release exculpator­y evidence to the defense. The original evidence sent an innocent man to prison for nearly 25 years in the death of his wife.

 ?? Photos by Jon Shapley / Staff photograph­er ?? Shanequa Estes wipes away tears as she listens to a recording of a police investigat­or describe the death of her boyfriend, Joshua Johnson, during a news conference at the scene of his death in Missouri City.
Photos by Jon Shapley / Staff photograph­er Shanequa Estes wipes away tears as she listens to a recording of a police investigat­or describe the death of her boyfriend, Joshua Johnson, during a news conference at the scene of his death in Missouri City.
 ??  ?? Johnson was killed after tapping on the undercover deputy’s window with a BB gun resembling a Glock 17.
Johnson was killed after tapping on the undercover deputy’s window with a BB gun resembling a Glock 17.

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