Grand jury declines to indict Fort Worth officer in fatal shooting in December

Video released by police administrators Monday shows a robber who appears to have something in his hands run toward the officer who shot him outside a west-side head shop in December.

Gilbert Reyna, 55, was carrying a baseball bat in one hand and a screwdriver in the other, police said.

A Tarrant County grand jury last week declined to indict officer E. Gasca for killing Reyna. Reyna died of a gunshot wound in his left chest.

Gasca was responding at 11:47 p.m. Dec. 2, 2014, to a 911 call about a robbery in progress at The Gas Pipe, 6033 Camp Bowie Blvd., authorities said.

From the beginning, former police Chief Jeff Halstead said the video supported the officer’s actions. The Tarrant County district attorney’s office told the department not to release the video to the public until the grand jury decision, said Cpl. Tracey Knight, a police spokeswoman.

There are three videos with different angles — from Gasca’s body camera and the body camera of a second officer and on a squad car.

Near the beginning of the video, two officers are seen looking into the building’s windows. Shortly afterward, a woman runs out the side door and immediately obeys commands to get down.

“Are you an employee?” police shout. She cries, “Yes!”

At 4 minutes and 57 seconds into the video, a man runs out a side door of the store directly at Gasca with his arms up as if he’s carrying something. He ignores commands to “Get down!” Gasca backed up 21 feet, Knight said. Reyna got within 4 feet of the officer.

Gasca fired once, hitting Reyna.

“He was armed with a bat in one hand and a screwdriver in the other,” Knight said. “He could have run away. Instead, he chose to charge the officer.”

After Reyna drops to the ground, the officers can be heard telling him to drop his weapon and roll over on his stomach.

Reyna was taken to John Peter Smith Hospital in Fort Worth where he was pronounced dead at 12:24 a.m., according to the Tarrant County medical examiner’s office.

Fort Worth police previously said investigators were awaiting results of toxicology tests to see if Reyna was on drugs at the time. Police information “suggests a history of drug use that could have contributed to his behavior,” police told the Star-Telegram.

Knight said she did not have the test results Monday, and the medical examiner’s office was closed for Cesar Chavez Day.

Police previously reported that Reyna caused minor damage to merchandise inside the store but took nothing. Knight said the man wanted money.

The medical examiner’s log does not list a home address for Reyna. His last known residence appears to be Arizona.

Tucson municipal court records say he was cited for criminal trespassing in August. A warrant was issued for his arrest the next month after he failed to appear in court.

Gasca joined the department in December 2013. He was put on paid administrative leave for a few days and has been back on the force for months, Knight said.

Of the department’s 800 patrol officers, about 600 wear body cameras, she said.

“Thank God those officers were wearing cameras. … It shows the public exactly what happened,” Knight said.

This story was originally published March 30, 2015 at 6:56 PM with the headline "Grand jury declines to indict Fort Worth officer in fatal shooting in December."