Grand jury finds Metro bus shooter acted in self defense

More on Garrett William Mallot, the man who shot a fellow passenger to death aboard a Metro bus back in March: A grand jury decided Friday not to indict Mallot for the shooting because jurors determined it was done in self defense.

Details were in short supply when the shooting took place — all that was reported was that Mallot was walking along the center aisle when he brushed up against the victim, Otis James Francis. The two had words, then Mallot pulled a gun and shot Francis, police said then. And those were the basics — but now we know some more information: The two men apparently bumped into each other as Mallot boarded the bus, and Mallot walked to the back of the bus and sat down. Witnesses report that Francis then walked to the back of the bus, saying he was going to beat Mallot — as Mallot said, "That guy said he was going to kick my ass." When Francis approached Mallot, Mallot pulled out a 3.5-inch knife — apparently to scare Francis — but it had no effect. Francis continued moving toward Mallot, so Mallot pulled a gun and shot him. Francis ran to the front of the bus, where he collapsed and died; Mallot stayed at the back of the bus, with his hands up, until police arrived.

Assistant Harris County DA Katherine McDaniel cited "apparent danger," a legal doctrine that allows the use of deadly force if a person believes he or she is in imminent danger and can't escape. "I believe that Mr. Mallot did have a perception of apparent danger," McDaniel said. "And I believe he was reasonable in using deadly force." As you'd expect, that didn't go over well with Francis' family: Etta Francis, his mother, said she doesn't believe that Mallot shot Francis out of fear for his safety. "How can you call something 'self-defense' when the other person didn't have a weapon at all?" Etta Francis asked. Though she said she has forgiven Mallot, "everybody has to be held accountable for anything that they do wrong. I didn't expect him to just get a slap on the wrist, and that was it."

Mallot is white and Francis was black — but that's just a coincidence in this case, Mallot's lawyer, Alvin Nunnery, said. Not so, said community activist Quanell X, who is calling for the case to be presented to another grand jury: "It's a slap in the face to the entire African-American community, and we have a right to be outraged," he said.