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Atascocita man indicted for 2018 deputy constables shooting

January 4, 2019 

HOUSTON- A Harris County grand jury indicted an Atascocita man for an April 2018 shooting that sent three deputy constables to the hospital, one with serious injuries.

Wesley Smith, 32, is charged with four counts of aggravated assault against a peace officer.

During the Friday morning proceeding, grand jurors heard the facts of the April 17, 2018 shooting. Precinct 4 deputy constables were dispatched to perform a welfare check on Smith whom dispatchers described as suicidal and threatening to shoot himself.

Upon arrival, the team knocked on the door but was unable to establish communication with Smith. Several minutes passed before he stepped outside with a shotgun—initiating gunfire with the deputies; Deputy Christopher Gaines suffered multiple gunshot wounds.

“This case is a reminder of how dangerous our officers’ jobs truly are,” Harris County District Attorney’s Office First Assistant Tom Berg said. “Wesley Smith opened fire on the very officers who had been called to help him. Now a Harris County jury must determine the consequences of his turning his weapon on them.”

Aggravated assault of a peace officer is a first degree felony--the offense carries a penalty of five to 99 years in prison and a $10,000 fine.

The same grand jury also considered, from a civil rights angle, the conduct of the deputy constables- concluding that no probable cause existed to charge them for what occurred while conducting their duties.

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