Police experts weigh in on Deerbrook Mall shooting Experts: Humble officer's actions in fatal shooting unusual

Two police tactical experts said they would not advise officers to use their guns to shatter a car window during an attempted arrest because of the risks involved — something that became patently clear Monday when such an incident turned fatal outside Deerbrook Mall.

An Humble police officer had apprehended two fleeing car burglary suspects in a stolen truck. One of the suspects, whose identity has not been released, was accidentally shot to death by the police officer, who used his duty weapon to break the passenger window of the stolen truck, Humble police said.

The other suspect, Joaquin Carlon, 22, of Houston, was not shot and was arrested on a charge of unauthorized use of a motor vehicle, police said.

Police refused to answer further questions about the case or discuss its departmental policies Tuesday and did not release the name of the police officer who fired the fatal shot.

But two police tactical expertssaid the action taken by the Humble police officer is not common practice and is not taught in police academies.

"I'd hate to be in his pants right now," said retired Houston police Sgt. Frank C. Miller, who taught tactical procedures to Houston Police Department narcotics officers for more than 20 years.

"From a tactical standpoint, it was very risky. Good arrest, shaky tactic — but, you know, they pulled it off. But the (suspect) died, unfortunately. Those things happen. (The suspect) was the bad guy — I don't feel sorry for him."

The incident happened at 11:55 a.m. Monday when Humble police were notified someone had just broken into a car at Deerbrook Mall in the 20100 block of the Eastex Freeway.

Officers who arrived at the mall saw one of the suspects climb out of the burglarized vehicle and get into a truck that was later discovered to be stolen. As police officers approached both sides of the stolen truck in the Sears parking lot with their handguns drawn, the driver tried to back up the stolen vehicle.

The police officer, whose name has not been released, then broke out the stolen truck's passenger side window with his handgun. The officer's gun accidentally fired, hitting one of the suspects in the head, police said.

The police officer, whose name has not been released, then broke out the stolen truck's passenger side window with his handgun. The officer's gun accidentally fired, hitting one of the suspects in the head, police said.

Miller, a 34-year HPD veteran who retired in 2003, and Bedford Police Chief David Flory, a 31-year police veteran and a training adviser with the Texas Tactical Police Officers Association, stopped short of criticizing the Humble officer.

They said they don't want to second-guess him and noted they aren't familiar with Humble Police Department's policies and procedures.

Use other means

But Miller and Flory said they would not teach officers to use their guns to break out suspects' car windows, noting the action is not normal police practice.

"I was not there, so I don't know if he felt threatened and thought that deadly force was justified, but it's not something that I teach — it's not something that we would teach, at least in North Texas," Flory said. "And it's not common practice, in my opinion, in my expertise, in my training, to use your weapon to break a window to access a suspect unless there's absolutely no other alternative in which to save your life or save someone else's life."

Flory said officers are always taught to never put your finger on the trigger unless you're ready to shoot the weapon.

"There are other means by which to breach a window — an asp baton, a flashlight, ceramic pellets," Flory said. "Using a handgun (to break a car window), especially with your finger on the trigger, is not normal."

Risk of damaging weapon

Miller said the move is risky not only because the gun could accidentally fire, but also because the pistol could break and leave the officer exposed to harm.

"Not knowing how or why he made the decision that he did, it was a discretionary move, as far as I can see," Miller said. "But he was attempting to apprehend an escaping felon as far as he knew. ... The weapon going off is one of those nasty things that's going to happen when you use it to hit something."

Forensic pathologists performed an autopsy on the slain suspect Tuesday, but the Harris County Institute of Forensic Sciences has not yet released his identity.

Carlon, the surviving suspect, who lives in the 1400 block of Bringhurst, has been ordered held on a $15,000 bond for being in a stolen vehicle.

He was convicted last year on another stolen vehicle charge and sentenced to nine months in jail, Harris County records show. He also pleaded guilty in 2008 to robbery causing bodily injury and was sentenced to two years in prison, records show.

peggy.ohare@chron.com