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June 5, 2007, 11:21PM
Grand jury clears shooter in March Metro fatality
Grand jurors find an unarmed bus rider's death was self-defense


By MIKE GLENN and BRIAN ROGERS
Copyright 2007 Houston Chronicle

The deadly shooting of an unarmed man on a Metro bus two months ago was justified, a prosecutor said after a grand jury declined to indict the shooter, because the man appeared to be a threat. But the man's family said the recent decision to drop the murder charge was an "outrage."

Harris County prosecutors had charged Garrett William Mallot in the death of Otis James Francis after an altercation March 28. Assistant District Attorney Katherine McDaniel said Mallot originally was charged with murder because someone had been shot and authorities needed time to investigate.

While the investigation eventually indicated the shooting was justified, McDaniel said the case needed to be presented to the grand jury for review.

The Metro bus had about 30 passengers when Mallot, who had a license to carry a concealed handgun, climbed aboard shortly before noon in the 11700 block of Westheimer. As he boarded, the two men bumped into each other and began arguing. Mallot continued to the back.

McDaniel said several witnesses on the bus said Francis then walked from his seat at the front of the bus to Mallot in the back while saying he was going to beat Mallot.

"That guy said he was going to kick my ass," Mallot has said.

"He (Francis) made verbal threats, then I believe, started clinching his fists and moving in the direction of Mr. Mallot," said Mallot's attorney, Alvin Nunnery.

As Francis approached him, Mallot believed he was in "imminent danger" and pulled out a pocket knife with a 3 1/2 -inch blade, McDaniel said.

Nunnery said his client drew the knife in the hope that it would cause Francis to keep away from him, "but it had no effect at all."

Because Francis was continuing to move toward him, Mallot dropped the knife, pulled out a pistol and shot him, McDaniel said.

Francis rushed to the front of the bus, where he collapsed and died, authorities said. Mallot remained aboard, his hands raised in surrender, until Houston police officers arrived.

McDaniel agreed with Nunnery that Mallot was significantly smaller than Francis.

McDaniel cited a legal doctrine called "apparent danger" that allows the use of deadly force if a person feels he is in imminent danger and no retreat is available.

"I believe that Mr. Mallot did have a perception of apparent danger," McDaniel said. "And I believe he was reasonable in using deadly force."

Etta Francis said she didn't believe Mallot's claim that he fired out of fear for his own safety.

"How can you call something 'self-defense' when the other person didn't have a weapon at all?" Francis said.

She has been in counseling to help her deal with her son's death.

Uncovered during the investigation, McDaniel said, were complaints about Francis being involved in other bus altercations. On Tuesday she couldn't say if any resulted in criminal convictions.

Francis also had a Harris County criminal record, with past convictions for charges ranging from assault to drug offenses.

"He may have had a (criminal) background, but it didn't warrant him to be shot down like a dog," Etta Francis said.

Nunnery made his client available to speak to the grand jurors during the hearing.

Etta Francis said she has forgiven Mallot and prays for him and his family.

"But, everybody has to be held accountable for anything that they do wrong," she said. "I didn't expect him to just get a slap on the wrist, and that was it."

Mallot's lawyer said it was "merely happenstance" that his client is white while Francis was black.

"There was absolutely no racial component to this (shooting) at all," Nunnery said.

On Tuesday, community activist Quanell X called for the case to be presented to another grand jury with a new prosecutor.

"This is a disgrace," Quanell said. "It's a slap in the face to the entire African-American community, and we have a right to be outraged."

On Tuesday, Mallot could not be reached for comment. "They want this behind them so they can move on," said Nunnery, who plans to file a motion within the next few days to have the arrest expunged from his client's record.

Chronicle reporter Kevin Moran contributed to this story.

Grand Jury Clears Man In METRO Bus Shooting

POSTED: 9:40 am CDT June 5, 2007
UPDATED: 10:53 am CDT June 5, 2007

HOUSTON -- A man will not face charges in connection with a fatal shooting on board a METRO bus, KPRC Local 2 reported.

A grand jury decided Garret Mallot, 24, defended himself when he shot Otis Francis, 31, during a confrontation on the No. 82 bus on Westheimer Road near Royal Oaks Club Drive on March 28.

Mallot accidentally brushed up against Francis and got into verbal argument, officials said.


"Mr. Mallot, being significantly physically smaller than the victim, pulled out a knife," Mallot's attorney Alvin Nunnery said. "When he recognized that the deceased was still continuing toward him in an aggressive manner, already announcing his intention to hurt him physically, he (Mallot) pulled out his gun and he shot him one time."

Several witnesses testified that Mallot was defending himself. Mallot did not testify.

Mallot had been charged with murder, but the grand jury decided that there was not sufficient probable cause.

Francis had a lengthy criminal past and had been arrested on charges of felony assault of a peace officer and fighting on two METRO buses.

"I think he has a history of kind of bullying and intimidating people," Nunnery said. "I think the grand jury rightfully took that into consideration in assessing the entire situation."

Mike1951 wrote:It appears the licensee pulled a knife after being verbally threatened. When the victim wasn't sufficiently impressed with the knife and repeated the threat, the licensee pulled his .357 and shot.

Seems as though the reporting has been biased so far.

Anyway, the report doesn't sound bias to me because today I would think they would be writing from what was said or transcript in COURT. Only facts are supposed to be submitted, I guess from sworn statements of all parties involved.

I think 31 is older than 24.

"The 24-year-old man accused of fatally shooting another passenger during an argument on a Metro bus Wednesday appeared in court this morning.

Prosecutors said Garrett Mallot first pulled a knife, then a .357-caliber Magnum pistol during the dispute with Otis James Francis, 31, as the two rode a Metro bus in the 11700 block of Westheimer around 11:45 a.m.

Harris County Assistant District Attorney Katherine McDaniel said today that Mallot was getting on the bus and the two began arguing after Francis brushed Mallot's arm.

"That guy said he was going to kick my ___," Mallot told authorities. He told police he then pulled a knife and Francis repeated the threat.

Mallot, who had a license to carry a concealed handgun, then shot Francis in front of more than 20 passengers, McDaniel said.

Francis rushed to the front of the bus, where he collapsed and died, McDaniel said.

If convicted, Mallot faces a punishment range of 5 to 99 years or life in prison. Mallot's attorney, Alvin Nunnery, was not immediately available for comment."

“The suspect was on his making his way through the center aisle when he brushed up against the victim,� said Captain Dwayne Ready with the Houston Police Department.

“The guy bumped him,� said Effrom Mooring who was on the bus. “They exchanged words. The guy pulled out a gun and shot him. Just for bumping him.�

The victim, who was shot once in the chest, was an older African-American man.