Man killed after bumping Metro bus passenger

[AG-EE]

Maybe this should be a lesson for some of us that we should not call people crazy and stupid based on what the newspaper article reports in a situation like this.

Think if you were ever involved in a self defense shooting, would you want everyone on here (and every other internet forum) convicting you based on what little information some two bit reporter puts in a paper?

[seamusTX]

Yeah. How would one get a hold of a transcript of the hearing? I'm sure it would make an interesting read.

Grand jury procedings are secret. I'm pretty sure only the jurors, DA, and witnesses know what was said.

Maybe this should be a lesson for some of us that we should not call people crazy and stupid based on what the newspaper article reports in a situation like this.

Amen to that. I had some thoughts that I am glad I kept to myself.

- Jim

[stevie_d_64]

Yeah. How would one get a hold of a transcript of the hearing? I'm sure it would make an interesting read.

Grand jury procedings are secret. I'm pretty sure only the jurors, DA, and witnesses know what was said.

Maybe this should be a lesson for some of us that we should not call people crazy and stupid based on what the newspaper article reports in a situation like this.

Amen to that. I had some thoughts that I am glad I kept to myself.

- Jim

Very interesting development...

I for one am always saying news is news, and not evidence in a court of law...

But I was a bit prejudiced by the outward demeanor of the defendant...At the begining of all of this...

Appearances can be deceiving...

Need to find out who his lawyer was...

[pbandjelly]

I know I was ready to hang this dude out to dry.
the whole pulled a knife, put it away, pulled gun and shot thing bothered me.

but I warn't dere, so.... *shrugs*

[NguyenVanDon]

So basically, from what the news story said, "He was feared for his life, and shot the guy. With the knife being pulled out and the guy still came towards him."

Someone explain to me about "Fear for my life" because I was taught the same way by my CHL instructor. My CHL instructor also told me "when in doubt, pull it out, make him change my mind"...

I don't know, I'm confused...

[Charles L. Cotton]

News reports must not have been accurate then. The guy he shot must have done more than was reported.

Ch.11 led off the story with a statement that "things are not always as they appear." I guess this was their way trying to put a spin on their inaccurate reporting. It was surprising that they even ran the story.

Chas.

[Paladin]

A news article, not much new here though:

http://www.chron.com/disp/story.mpl/front/4862410.html

[Paladin]

Another article with more info:

http://www.click2houston.com/news/13444644/detail.html

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."

Anybody else find it ironic that criminals with multiple arrests for fighting on METRO buses can still ride the bus, but Mayor Brown didn't want CHLs to ride METRO?

[Big_Hitter]

^^^ I do.

I wonder how much Mallot had to spend on legal fees.

[NguyenVanDon]

^^^ I do.

I wonder how much Mallot had to spend on legal fees.

I was think the same thing also.

[Paladin]

I'd guess Mallot paid a bail-bondsman about $5,000 on his $50,000 bond. Wouldn't be surprised if the lawyer cost him another $5-10K.

[pbandjelly]

maybe he can sue Francis's estate and recoup.

guess we should add Attny Nunnery to our short list of x-mas card recipients!

[frankie_the_yankee]

Another article with more info:

http://www.click2houston.com/news/13444644/detail.html

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."

Anybody else find it ironic that criminals with multiple arrests for fighting on METRO buses can still ride the bus, but Mayor Brown didn't want CHLs to ride METRO?

Again, I find it weird that grand juries seem to take into account things that the shooter almost certainly couldn't have known - like the dead guy's criminal record.

The usual standard is something like, would a reasonable person have done what you did, knowing what you knew at the time?

The guy could be Jack the Ripper, but if you don't recognize him as such, the reasonableness of your actions is properly judged in relation to the information that WAS known to you.

[RedRaider]

^^^ I do.

I wonder how much Mallot had to spend on legal fees.

The video in the news link posted above mentioned he had a court appointed attorney.

[pbandjelly]

Again, I find it weird that grand juries seem to take into account things that the shooter almost certainly couldn't have known - like the dead guy's criminal record.

The usual standard is something like, would a reasonable person have done what you did, knowing what you knew at the time?

The guy could be Jack the Ripper, but if you don't recognize him as such, the reasonableness of your actions is properly judged in relation to the information that WAS known to you.

Kind of fishy story in my stupid mind. Personally, I just don't see how this can be self defense. In cases like this, Fish should have just run away as fast as he could

Again, I am no lawyer and my name is stupid.

1. That the dearly departed was armed or not should not be allowed as evidence because Fish did not have that knowledge or see the screwdriver

2. The dearly departed's violent history should not be allowed as evidence because that had nothing to do with Fish shooting him, of which nor did Fish have any previous knowledge.

3. Disparity of force was the only arguement that I could see. Should the dogs join the attack, Fish might have a chance.

4. Murder, second degree is harsh. Manslaugher is better.

I think you guys agree!