The Arlington Police Department has identified the officers involved in the shooting death of O’Shae Terry on Sept. 1.
The officer who stopped Terry is Julie Herlihy. The back-up officer who was involved in the shooting is identified as Bau Tran, the department said in a news release just after 5 p.m. Friday.
Terry, 24, was killed after trying to take off from a traffic stop on Sept. 1.
Police said the criminal investigation into the shooting was completed on Wednesday and has been given to the Tarrant County district attorney’s office.
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“Throughout the criminal investigation, the involved officer did not provide a statement to the investigating criminal detectives, which is allowed by constitutional law,” the release said. “No affirmative findings have been reached at this stage as the Arlington Police Department awaits the Tarrant County Criminal District Attorney’s Office’s decision to present the case to the full review of a grand jury.”
The administrative investigation to determine if Tran followed policies or not is still ongoing.
“The administrative investigators may utilize information yielded from a criminal investigation as well as the Tarrant County Grand Jury findings before concluding the administrative investigation regarding what City and Department policies, if any, were violated and personnel action is taken against any officer involved,” the release said.
Tran remains on restricted duties. Police have said his badge and gun have been removed and he doesn’t have direct contact with the community.
Terry was stopped because the temporary tag on the SUV he was driving showed it to be expired.
Tran responded to the traffic stop after Herlihy said she smelled marijuana, and told Terry she was going to search the vehicle, according to video footage released by the department. Tran waited on the passenger side of the car while Herlihy went back to her cruiser.
About 10 minutes into the stop, Terry started to roll up his windows. Tran grabbed the top of the passenger side window with his left hand, ordered Terry to stop, stepped onto the foot rail, put his right arm inside the vehicle and then brought it back out to reach for his gun, the video shows.
He shot into the vehicle at least four times, killing Terry.
During a heated meeting with the local chapter of the NAACP, the passenger of the vehicle, Terrence Harmon and his attorney, Lee Merritt, said police never interviewed Harmon beyond the first 14-minute interview after the shooting.
Police said on Friday that Harmon “was contacted by Arlington Police personnel on September 2, 2018 and he came to Arlington Police Department that afternoon and had an opportunity to speak with investigators.”
After the statements at the NAACP meeting, Arlington police say, “our staff reached out to Mr. Harmon again to allow him further opportunity to supplement his statements. Unfortunately, Mr. Harmon has not been responsive to our extensive efforts to contact him to supplement his earlier statement.”