Grand Jury Refuses to Indict in Houston Bus Shooting
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."
When I first blogged on the Houston bus shooting, I felt I should withhold judgement. I finally did make a judgement when the knife was entered into evidence. I have to say that I am glad the charges against Garrett Mallot were dropped. Garrett Mallot will retain his right to keep and bear arms. Mallot was represented by a court appointed attorney, Alvin Nunnery. Otis "Magic" Francis had a history of two assaults on Metro buses, and one assault on a peace officer. Francis also served time for narcotics charges. In 2003, Francis was charged with assault with a deadly weapon, but ironically he, too was "no-billed" by a Grand Jury.
Thus far, Garrett Mallot has been a very lucky man. The civil suits have yet to be filed......