Grand jury: No charges vs. Metro officer

Man with knife was shot near Texas Medical Center on May 5

By CAROLYN FEIBEL Copyright 2009 HOUSTON CHRONICLE

June 23, 2009, 9:05PM

A Metro police officer returned to patrol duty Tuesday, one day after a grand jury declined to indict him in the first fatal shooting of the transit agency’s history.

Officer R.L. Harrington, 54, shot and killed a knife-wielding man outside the Texas Medical Center on May 5. The shooting occurred on the Rice jogging path after Harrington and another Metro officer tried to subdue the man, who had been suspected of assaulting a light rail passenger earlier that morning. The Harris County Medical Examiner’s office identified the man as Corby Bradford, 40.

Harrington, a 17-year veteran of the Metro force, is a motorcycle officer who patrols along the Main Street light rail route.

Metro Police Chief Thomas C. Lambert said an internal investigation concluded that Harrington had followed the agency’s policies.

“He did what he was trained to do,” Lambert said. “This individual assaulted a passenger on a train, he pulled a knife on a police officer, he was Tased three times and removed the Taser darts from his clothing. He was brandishing a knife, he was very aggressive and could have harmed the officers and could have harmed a lot of people in the public.”

Bystander wounded

A bystander, Guadalupe Acosta, 58, was injured during the incident. Acosta, a professional nanny, was pushing a toddler in a stroller along the path when a bullet pierced her right shoulder from behind and exited her front right bicep.

Acosta filed a lawsuit last Friday against Metro contending that Harrington negligently discharged his weapon in a crowded area. Acosta said she has nerve damage and has lost some use of her right arm. Although she has health insurance, she is already receiving bills for co-payments and has not worked since the shooting.

“I’ve had discussion with the president (of Metro) about taking care of her medical expenses related to this,” Lambert said Tuesday. “So we’re prepared to have that conversation when the time comes.”

Acosta’s attorney Randall Sorrels said he would consider dropping the lawsuit if Metro paid his client’s medical bills and compensated her for lost wages.

“If they want to do the right thing, there is still a chance,” Sorrels said.

Lawyer criticizes Metro

Sorrels criticized Metro, however, for not releasing more information from the completed investigation by the Houston Police Department. The transit agency department referred questions about the investigation to HPD’s homicide department. The two HPD officers who handled the case could not be reached for comment Tuesday.

Although Metro declined to answer specific questions about the shooting, Chief Lambert said the investigation shows Harrington acted appropriately.

Metro will not change any policies as a result of the incident, he said.

“The officers escalated the force based upon the circumstances, consistent with their training, consistent with our guidelines. And we’re prepared to defend the officer for his action there,” Lambert said.

carolyn.feibel@chron.com