Deputies did not perform full search on teen who shot himself Galena Park student remains in ICU

Law officers gather outside North Shore High School, where a 17-year-old student shot himself. Law officers gather outside North Shore High School, where a 17-year-old student shot himself. Photo: Cody Duty, MBI Photo: Cody Duty, MBI Image 1 of / 5 Caption Close Deputies did not perform full search on teen who shot himself 1 / 5 Back to Gallery

Deputies did not conduct a full search of a troubled North Shore High School senior and missed a gun, hidden under his shirt, that he used to shoot himself, investigators confirmed Thursday.

Instead, a Harris County Precinct 3 deputy who tried to help subdue the student on Wednesday performed a quick pat-down, not a search, said Capt. Jon Moore. Deputies did not find a weapon during the pat-down.

"They were concerned about the kid's safety. He was not complying," Moore said. "They wanted to get him into a more secure environment, and they just missed the weapon."

The 17-year-old student remained in intensive care at Ben Taub General Hospital on Thursday, said Jonathan Frey, a Galena Park Independent School District spokesman.

He was in the back seat of a moving patrol car, his hands cuffed behind his back, when he shot himself Wednesday morning, Moore said.

A concerned friend alerted school authorities after the student, a well-known senior and baseball player, had threatened to harm himself.

Investigation planned

Deputies, who provide security for the school, were told about the student's threat and responded around 10:30 a.m. Moore said a deputy found the student in a restroom where he was alone and appeared agitated. The teenager did not comply with commands, so the deputy called for assistance, Moore said.

A deputy then handcuffed the student, who was resisting, trying to kick and run from the deputies. One deputy then did the quick pat-down.

Moore explained a "pat-down" is a general sweep of a person's clothing and a "search" is more intrusive.

Moore said an internal affairs investigation will determine if a violation occurred, but he said deputies appeared to follow protocol.

Phillip Lyons, criminal justice professor at Sam Houston State University, said a properly conducted pat-down should reasonably disclose the presence of a handgun.

Lyons, a master peace officer and former juvenile detective with the Alvin Police Department, explained a search is a much more intrusive undertaking, including emptying pockets, reaching into pockets and running a hand under a waistband. The purpose of a search is principally to secure evidence and requires probable cause.

A pat-down is a cursory examination of the outer garments, he said.

"The pat-down evolved to ensure officer safety without violation the Fourth Amendment violation of search and seizure," Lyons said. "It allows the officer to reasonably ensure his or her safety."

Lowered guard?

Kenneth Trump, president of the Ohio-based National School Safety and Security Services, said risk is always present when dealing with juveniles because officers may not be as cautious as they would with adults.

"When you are dealing with kids, you have to be cautious not to let that guard down a little bit more," Trump said. "This is a sobering reminder that you have to maintain the same level of caution and thoroughness when dealing with juveniles."

A crisis intervention team or mobile response unit with trained mental health professionals should have been called in to help calm down the student, said Vanessa Austin, program coordinator for outpatient counseling at the DePelchin Children's Center.

"The student probably felt very threatened," Austin said. "There are some de-escalation steps that they probably could have taken before they just put him in a car. … They needed a type of intervention where someone was there to calm him down, not treat him as a criminal."

Lyons said dealing with a person in crisis requires a balancing act.

"My hunch is they were trying to strike a balance of being approachable and on the young man's side, and, at the same time, trying minimally to ensure safety," Lyons said.

Chronicle reporter Jennifer Radcliffe contributed to this report.