DONNA FIELDER, Denton Record-Chronicle
Copyright 2005 THE DALLAS MORNING NEWS
A Denton County grand jury took no action against three Denton police officers in the fatal shooting of University of North Texas student last month.
Daniel Powell, 25, a senior math major, pointed a gun at officers and was shot to death on the morning of Nov. 19.
He had been drinking with a friend and had consumed at least nine alcoholic drinks, according to police reports.
Denton Patrol Sgt. David Hildebrand and Officers Kevin Vice and Mark Sweeney responded and fired at Mr. Powell when he pointed the gun, and he was declared dead in a hospital emergency room.
Texas Ranger Tracy Murphree presented evidence to the grand jury. He said in cases like this one, he makes no determination of wrongdoing but simply gathers evidence for the grand jury to use in its determination.
“From statements, it appeared that he pointed a gun at the three officers, and that they protected themselves,” Ranger Murphree said.
First Assistant District Attorney Lee Ann Breading said Murphree brought the evidence to the district attorney’s office.
“We reviewed it and felt their actions were justified, but we felt it was better to allow a grand jury to make that decision,” Ms. Breading said.
That is the routine way the office handles police shootings, unless the investigating agency has formally charged an officer with a crime, she said. In that case, a grand jury would have the choice of handing up a true bill (an indictment) or a no bill.
Denton Police Chief Charles Wiley said he released the three officers from administrative duty as soon as he heard the grand jury’s decision. The three men had been out of uniform, working inside the department awaiting the end of the investigation, he said.
“It comes as no surprise to us,” Chief Wiley said. “We were on the scene. We conducted the investigation along with the Rangers. We believed they were justified, but [the grand jury] is a process that’s important, and those officers have to go through it. As sad as it is, they had to do it.”
E-mail dfielder@dentonrc.com.