Harris County grand jury indicts former sheriff's deputy who fatally shot unarmed man

Family photo of Danny Ray Thomas, killed by a law officer on Thursday, March 22, 2018 near Greens Road in Houston . (Elizabeth Conley/Houston Chronicle) Family photo of Danny Ray Thomas, killed by a law officer on Thursday, March 22, 2018 near Greens Road in Houston . (Elizabeth Conley/Houston Chronicle) Photo: Elizabeth Conley, Police Shooting / Houston Chronicle Photo: Elizabeth Conley, Police Shooting / Houston Chronicle Image 1 of / 15 Caption Close Harris County grand jury indicts former sheriff's deputy who fatally shot unarmed man 1 / 15 Back to Gallery

A fired sheriff's deputy who shot to death an unarmed black man in March was indicted Thursday, a rare outcome in a case that grabbed national attention after dashcam video showed Danny Ray Thomas wandering in the street with his pants around his ankles in the seconds before he was killed.

If he's convicted, former Harris County Sheriff's Deputy Cameron Brewer could face life in prison on the charge of aggravated assault by a public servant for the death of the 34-year-old Thomas.

"Our democracy depends on the public's trusting that police are here to protect us," said District Attorney Kim Ogg. "When they exceed their lawful authority, our community holds them accountable, and that's exactly what this grand jury of ordinary citizens did."

The grand jury's decision marks the first time in 15 years that Harris County prosecutors have secured an indictment against a peace officer for an on-duty fatal shooting, officials said.

On the heels of another high-profile police shooting in California last spring, the case sparked protest locally and the slain man's family filed suit. The federal suit is still pending, but the family's attorneys were not immediately available for comment.

Now, in light of the indictment, attorney Wes Rucker is coordinating with the district attorney's office to arrange his client's surrender.

"I'm disappointed that there was an indictment," he said late Thursday. "He's not guilty of committing any crime. He was put in a situation where he felt like he had no alternative."

The March 22 dashcam video begins with Thomas getting into a physical altercation with a passing motorist at a Houston intersection. At about 40 seconds in, Brewer orders Thomas to the ground.

LAWSUIT FILED: Teen alleges beating by Baytown officer

"Hey, get down!" the deputy shouts.

Thomas, walking through the street with his pants around his ankles, points to the deputy and heads toward him before passing out of frame.

"Get down on the ground, man!" Brewer continues. "I will shoot your ass, man."

Cell phone video obtained by the Chronicle picks up where the dashcam leaves off, showing Thomas continuing to walk toward the deputy, who backs up with his gun drawn.

A commercial vehicle pulls into the frame, blocking the camera seconds before one shot rings out – just 17 seconds after Brewer gave his first order.

Afterward, the dashcam video shows Brewer running to Thomas and trying to save his life. Thomas was rushed to a hospital, where he later died.

Though he was equipped with a Taser, Brewer chose not to use it. And while he had a body camera, the recently issued device was charging in his car at the time, officials later said.

The deputy, who is black, was fired in April. On the heels of this week's indictment, the sheriff released a statement stressing the need to continue building community relations.

"The brave men and women of the Harris County Sheriff's Office hold our community's trust as sacred," said Sheriff Ed Gonzalez. "We will continue striving to earn that trust anew, every single day."

When prosecutors took the case to a grand jury on Thursday, they failed to secure an indictment for murder – but the charge they got instead has the same punishment range.

"In Texas, there's more than one way under Texas law to skin a cat," Ogg said. "Everybody has seen the video, this is a common-sense case. I believe that's how the grand jury evaluated it and they selected the offense that they thought most appropriate."

Brewer's attorney disagreed, and stressed that his client was "a little different cut from the mold of a police officer" and had previously worked as a teacher.

"He's cooperated this entire time," Rucker said. "His reaction is the same as most officers involved in a shooting - it's something he wished never happened."

Meanwhile, the Harris County Deputies' Organization issued a statement in support of the fired deputy.

"We are confident when the true facts of this case come to light, a jury will make a fair and appropriate decision in this matter," the organization said.

Indictments against law enforcement in fatal use-of-force incidents are rare, though recently Dallas police officer Amber Guyger was arrested after and charged with manslaughter after she allegedly shot her neighbor when she mistook him for an intruder. But in that case, the officer was off-duty - and indictments against on-duty officers are even less common.

The last time a Harris County grand jury indicted a law enforcement officer for an on-duty fatal shooting was in 2003, when Arthur Carbonneau was charged with murder after the shooting of a 14-year-old special education student, officials said. He was ultimately convicted of criminally negligent homicide.

Though officer-involved shootings are down, according to Ogg, since 2010 nearly 350 such cases have gone before a grand jury. Only two - including Brewer - netted indictments.

The previous indictment was of Houston police officer Jason Loosmore, who was charged with aggravated assault with a deadly weapon for an off-duty incident in 2017 when he allegedly shot and wounded a neighbor after a dispute over a dog. His case is slated for trial in early 2019.