Witness Says Naked Man Did Not Have To Die

Houston News Story - KPRC Houston

By Ryan Korsgard

POSTED: 11:51 am CDT October 20, 2007 UPDATED: 12:12 pm CDT

October 20, 2007 HOUSTON -- A witness to a controversial police shooting said the suspect did not have to die, KPRC Local 2 reported Friday.

Police had just written Pastor Earnest Franklin a ticket Thursday afternoon when 29-year-old Raymond Smith Jr. stopped his car in the middle of T.C. Jester. Franklin said Smith spoke to him, then started cursing at the police officer and taking off his clothes.

"The naked man didn't have nothing. He was naked," said Franklin. "He took off all his clothes and stuff. He was stark naked."

Franklin said Smith walked toward the patrol car. Police said officer Brian Bueno gave verbal commands to Smith to stop. The officer then got out of his car and shot Smith with a Taser. Franklin said it stunned Smith.

Franklin said, "The guy started falling and he snatched the Taser out of his chest. When he snatched the Taser out of his chest, he just made an about-face and started chasing the officer. They both turned at the same time. The officer was running back across the street."

Franklin said Smith followed the officer out of the woods.

"When he did turnaround, he turned around all in one motion taking his gun out and firing the gun. He fired the first shot and it didn't even faze the guy. The second shot -- when he fired the second shot, it dropped the guy. He fell immediately to the ground, face first," he said.

Houston Police said Smith died in the woods. The witness said he last saw Smith's lifeless body lying in the street. Police said Smith got up and tried to take off in the officer's patrol car.

Police said a second officer arrived and helped pull Smith out of the car. That second officer fired his Taser. Police said Smith momentarily fell to the ground, got up and ran into the woods where he collapsed and died.

"The officer was in fear of his life at the time that he fired the weapon," said Houston Police Chief Harold Hurtt. Hurtt said given what he has learned from the preliminary report, he believes Bueno's actions were justified.

Hurtt said, "I think, what's told, he's about a 270-pound individual acting very irrational and the officers tried to use their Tasers on him. They tried twice and they did not work. When the subject was within 6 or 8 feet of the officer, the officer pulled his weapon and fired."

Franklin did not agree. He did not believe Smith had to die. Franklin gave his statement to police immediately after the shooting. Franklin said, "I just can't figure out why he have to kill him like that. The man didn't have nothing in his hand."