Police used shotgun on Harlingen man, despite access to Taser

HARLINGEN - The police officers involved in the fatal shooting of a man who charged them with a knife had a nonlethal Taser weapon available but instead responded with a department-issued shotgun, according to authorities.

The man, who hasn't been identified, had been trying to light a fire under an expressway ramp late Monday and was killed by a single blast from a police shotgun after he charged an officer while brandishing a knife, Harlingen Police Chief Danny Castillo said Tuesday.

Three officers were at the scene during the shooting, the chief said, but Castillo refused to identify the officer who fired the shot, except to say he thought the officer had been on the force "for a couple of years."

Police also would not release a description of the knife the man reportedly brandished.

"It's is a very traumatic situation for anybody to be involved in," Castillo said. "This is very hard on an officer. We're out here to serve and protect the public."

The officer who fired the shotgun has been placed on leave, the chief said.

"He's not on any kind of disciplinary review at this point," Castillo said. "It's proper protocol for us to allow the officer to collect himself. It's a very traumatic situation. But at the same time, he's cooperating with the investigation. It will be ongoing."

Every officer involved in the incident is being interviewed at the police station, the chief said.

"We're talking with them," he said. "We're processing this whole thing with them, as far as what they had to cope with in that situation."

Counseling for the officers will be considered, Castillo said.

"We'll be doing what we think is prudent and appropriate for them."

WHO WAS HE?

Police are trying to identify the deceased - a Hispanic man in his late 40s or early 50s, with dark hair and a slim build - the chief said.

It's not known why the man was trying to start a fire under the expressway, but temperatures were in the 40s and there was a misty rain at the time.

"I don't know if he was homeless or not," Castillo said. "We are trying to identify him at this point."

Dean Hall, director of Loaves & Fishes, an organization that provides meals and shelter to the homeless, said Tuesday that none of his staff had any information regarding the man's identity.

Hall said police had not contacted Loaves & Fishes to ask if the shelter was familiar with the man.

THE RIGHT TOOL?

The police officers had a nonlethal Taser weapon available but instead used a department-issued shotgun, Castillo said.

"That's part of our investigation," the chief said. "It's very preliminary right now, the information we have."

He said the Texas Rangers office and District Attorney's office were both immediately notified of the shooting and responded to the scene.

The incident is being treated as any shooting would be, Castillo said.

"This is a criminal investigation," the chief said, noting the agencies are working together to gather information about the shooting.

"I would assume that proper protocol is being followed and it will be submitted for the grand jury's consideration," he said.

‘WHAT THEY HAD TO DO'

Officers responded to the 200 block of North Expressway 77 at about 6:55 p.m. Monday, according to Castillo, after receiving a call about the man igniting a grassy area under the overpass.

Officers attempted to interview him, but he pulled out a knife and attempted to stab an officer, he said.

A different officer fired his weapon and hit the man in the torso, Castillo said, at which point the man was transported to Valley Baptist Medical Center.

He was pronounced dead at 8:38 p.m., and an autopsy has been ordered.

 "I think our officers did what they had to do, handling a very difficult situation," Castillo said.

CHECKING PRECEDENT

Castillo said police will check records to determine the last time a Harlingen police officer shot anyone.

Valley Morning Star records show that former Harlingen police Lt. Joe Rubio and former Officer A.R. Garcia and two Cameron County sheriff's deputies fired at least 10 rounds at Jason Frederick Park, 28, of Harlingen, in 1995 when he attempted to run over officers with his car near Las Yescas while under the influence of illegal drugs.

Three bullets struck Park. He recovered following surgery. No officers were injured.

Police, sheriff's deputies, county constables and Texas Department of Public Safety troopers had chased the man after he went to a bank and attempted to forge a check belonging to his elderly mother, the Star reported at the time.

Police thought Park was armed with a .22-caliber handgun but did not find a weapon.

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 Valley Morning Star staff writer Gabriel Saldaña contributed to this report.

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 Allen Essex is a reporter for the Valley Morning Star.