THE GRAND JURY RETURNS A NO BILL IN THE SHOOTING CASE!
Here is the news release HPD sent out on the controversial shooting death o Robert McIntosh:
The January 8, 2007 officer-involved shooting incident that resulted in
the death of Mr. Robert McIntosh at 4600 Knoxville was presented to a Harris County grand jury who returned a “NO BILL” decision. The grand jury was presented with all evidence collected through the homicide investigation and the independent investigation of the Harris
County District Attorney’s Police Integrity Division. The grand jury examined the evidence and listened to the testimony of the witnesses involved in this tragic case in reaching its decision.
The death of Mr. McIntosh is unfortunate, but the facts are that he violently resisted arrest. The evidence in this case showed Officer L.D. Smith of the Southeast Patrol Division did everything within his
power to restrain Robert McIntosh with less than deadly force. It was only after Robert McIntosh continued to fight with Officer Smith, broke the officer’s thumb and attempted to incapacitate Officer Smith that
Officer Smith was forced to use deadly force. Robert McIntosh was on probation for robbery. During this incident, he was in possession of cocaine, PCP and marijuana. He knew if he was arrested his probation
would most likely be revoked and he would go back to prison.
The incident unfolded when Officer Smith pulled over a vehicle for a defective brake light. The female driver complied without incident and was arrested on an outstanding warrant. After placing the female in the
back of his patrol vehicle, the officer went back to the vehicle where the female’s passenger, McIntosh, was sitting. Officer Smith immediately detected the odor of the felony narcotic PCP. When the officer searched McIntosh and felt what he believed to be marijuana in his pockets, McIntosh stood up and pushed the officer. The two struggled and McIntosh ran. Officer Smith deployed his conductive energy device (CED), but the darts did not make good contact with McIntosh. Officer Smith continued to pursue McIntosh on foot for about
150 yards until he caught up with him. The two fell into a ditch and McIntosh began fighting with Officer Smith again. Officer Smith deployed his CED in an effort to drive stun the suspect, but it had no effect on McIntosh. At that time, McIntosh, who weighs close to 300 pounds, took the CED from Officer Smith and broke the officer’s thumb in the process. McIntosh used the CED and deployed it twice on Officer
Smith. Fortunately, it did not incapacitate Officer Smith, who was able to pull his duty weapon. When McIntosh refused orders to drop the CED and tried to use it on Officer Smith again, Officer Smith shot McIntosh as a last resort. As McIntosh sat up in the ditch and still struggled, Officer Smith placed handcuffs on him. HFD paramedics were called, but McIntosh was deceased when they arrived.
Blood tests conducted by the Harris County Medical Examiner’s office revealed McIntosh had PCP in his system. PCP is known to cause individuals to be combative and to act irrationally. McIntosh’s DNA
was found on the officer’s CED, confirming Officer Smith’s account that McIntosh gained control of the CED.
We appreciate the time and effort made by the Harris County District Attorney’s office to conduct its own independent investigation and, likewise, the efforts the grand jury took to examine all evidence before
rendering its decision.
FOX 26 REPORT ON HPD AND COMMUNITY RELATIONS: http://www.myfoxhouston.com/myfox/pages/News/Detail?contentId=3368518&version=1&locale=EN-US&layoutCode=VSTY&pageId=3.2.1