KHOU-TVHPD Officer A.J. Carbonneau claimed the teen kicked his gun during a struggle and caused it to discharge.
Officer out on bond after murder indictment in shooting death of teenWednesday, March 10, 2004
Click to watch Jeremy Rogalski's report
The Houston police officer who shot 14-year-old Eli Escobar was indicted for murder Wednesday. Officer A.J. Carbonneau turned himself in early Wednesday night and has already bonded out. He argued his gun accidentally fired during a struggle with 14-year-old Eli Escobar. And late Wednesday a grand jury disagreed. It charged him with murder following last November's deadly incident outside an apartment complex in the 3100 block of Mangum.
Carbonneau claimed the teen kicked him in the groin during a criminal mischief call, so he drew his pistol. That, the officer says, is when he was kicked in the arm causing his gun to go off.
"This is an accident, it was an accident," says Carbonneau's attorney Aaron Suder. "It was not an intentional shooting. And I don't see how they reached the conclusion that they did."
But as attorneys for Escobar's family claims the developmentally challenged 14-year-old was unarmed at the scene, was confused and posed no threat. "And so he had done absolutely nothing to justify whatever, arresting him or stopping him in the first place," says James Deanda. "This whole thing just shouldn't have happened and wound up with him being dead."
The teen's death outraged the family and sparked protests from the Hispanic community and a civil rights review by the FBI.
"From the get-go this whole thing was a disaster from the police standpoint," says Deanda. "And of course a tragedy.""Well, we're obviously disappointed," says Suder. "That's an understatement."
Escobar's relatives were relieved to hear the officer was indicted. "It means a great deal to me," Angel Perales told the Houston Chronicle. "In my eyes, that was all the justice in the world to me, to be indicted. It's a relief."
"My thoughts are the DA did a good job," Alfonso Peralais told the Chronicle. "Eli's not coming back, but at least the officer's going to get justice."
Carbonneau claimed the teen kicked his gun during a struggle and caused it to discharge. But family members and other witnesses told the grand jury that's not what they saw. "He shot my son in cold blood," Eli Escobar, Sr. told 11 News on the night of the shooting. Police say Escobar tried to leave when they began questioning him about a fight at the complex. Two officers say they were hit in the head during a struggle with Escobar.
Carbonneau, 24, was treated at Memorial Hermann Hospital for minor injuries to the wrist and groin.
In the moments before he was shot to death, witnesses say Escobar cried out for his mother. Friends say Escobar was scared and that's why he tried to leave. He was described as developmentally delayed. Friends say the eighth grader was enrolled in special education classes at Black Middle School.
Carbonneau will be free on bond pending trial. The indictment prompted HPD to relieve Officer Carbonneau of duty and order him to turn in his badge. But any decision to formally terminate the officer would likely come after the internal investigation is complete.
Carbonneau has been with HPD for less than three years.
Wednesday's murder charge follows last months firing of a Houston police officer who shot and killed 15-year-old Jose Vargas last Halloween. HPD said Officer Richard Butler "did not use sound judgement," and violated the department's deadly force policy while questioning Jose Vargas, Jr. outside a west Houston movie theater. A grand jury has since decided not to indict Butler.