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Houston PD addresses officer-involved shooting caught on tape

By DALE LEZON
The Houston Chronicle

HOUSTON, Tex. — Mayor Bill White on Friday defended a Houston police officer who fatally shot a fleeing armed robbery suspect in the back a week ago.

“Based on what I’ve seen so far on the evidence,” White told reporters during an impromptu news conference Friday in front of City Hall, “I understand the officer’s actions and I think he complied with our policies.”

But the attorney for the suspect’s family and a Hispanic community leader said the incident must be investigated before the officer is cleared and questioned why police initially said the man was shot in the chest.

“I think it’s important for the mayor to support the police,” said Robert Luke, attorney for the family of Hegnor Irias. “But I hope he would reserve judgment until after the investigation is complete.”

Officer K.R. Barnes shot Irias, 22, in a courtyard of the Bel Lindo Apartments at 6200 West Bellfort about 2:30 p.m May 12, after responding to a call from two people who reported Irias had robbed them at gunpoint.

Cameras captured shooting

White said Irias refused to stop and follow the officer’s commands and was fleeing into an apartment complex, where he could have been a danger to residents and the officer.

“There is no excuse for citizens who are failing to respond to police directives,” White added.

Barnes is a nine-year veteran who police say had never fired his weapon at a suspect before. State law allows police to use deadly force if officers believe suspects pose a danger to others.

Police refused to comment on the case Friday because Chief Harold Hurtt has scheduled a press conference on it at noon today at headquarters at 1200 Travis.

Police said officers responding to a robbery call in the 6400 block of West Bellfort chased Irias after a resident identified him as the man who robbed him. Police followed him to the Bel Lindo Apartments.

Apartment surveillance cameras captured the shooting on video. The video shows Irias running through a courtyard before Barnes, his gun drawn, steps in front of him and the two men are within a few feet of each other.

Irias then darts to his right and runs off. When he’s about 20 feet away, Barnes shoots him.

Police identified him through fingerprints as Alex Macario Rivera, but Luke said they’re wrong about his name.

Capt. Bruce Williams told the media that Irias turned around and pointed his gun at Barnes, who shot him twice, hitting him in the front upper torso.

But an autopsy by the Harris County Medical Examiners Office concluded he had been shot in the back. After investigators viewed the surveillance tapes, police acknowledged he had been shot in the back.

“Why do they say one thing and then change it,” said Rick Dovalina, Houston district director of the League of United Latin American Citizens. “The first story was obviously not true.”

Police say they found gun

Dovalina said such misstatements create distrust. “I don’t know what else they’ve been wrong about,” Luke said.

He said several witnesses told him Irias had no gun and he had seen none in the surveillance video. Chronicle staffers who viewed the video said there could be an object in his right hand, but could not determine whether it was a gun.

Investigators said they found a .38-caliber snub-nose revolver by Irias’ body. They also said they found items on him that belonged to the two robbery victims.

The Harris County District Attorney’s Office is investigating the case.

Irias was the fifth suspect fatally shot by Houston police this year, according to the Harris County District Attorney’s Office. A grand jury cleared an officer of wrongdoing in one case and the rest are still being investigated.

Source: Chronicle research based on information from the Harris County District Attorney’s Office and HPD

Copyright 2007 The Houston Chronicle