SAN ANTONIO — The grand jury's decision is in. They decided not to indict a Bexar County Sheriff Deputy in the shooting death of Army Veteran Damian Daniels. Plus, there is brand new video of what happened in those deadly moments August 2020.
On Monday, BCSO released body camera footage. KENS 5 wants to warn you about the video. It is disturbing to watch. The Daniels family and their attorney Lee Merritt said the grand jury got it wrong. Daniels' mother Annette Watkins said she is disappointed.
"Because it was the wrong decision," she said. "They should have been charged. He should have been charged, criminally. Disappointed but not discouraged."
The family had been calling for the body camera video to be released to the public. One hour after the District Attorney announced there was no indictment Monday afternoon, the sheriff's office sent KENS 5 the video. But they didn't give the raw footage. It's edited video from the cameras of three different deputies, including Deputy John Rodriguez. He was the one who shot and killed Daniels more than a year ago.
Deputies responded to Daniels home for a mental health call. In the video, you hear deputies telling Daniels they want to help him. But Daniels doesn't respond. He is standing next to his front door. Deputies said he had a loaded gun and knife on him. At one point, a deputy rushes in on Daniels and deputies tase him multiple times. In the video, you see deputies struggle with Daniels on the ground.
"Put your hands back," deputies yell at Daniels in the video. You can hear the veteran yell during the struggle. "Don't do it," deputies yell.
You then hear deputies telling Daniels to let go of the gun. According to BCSO, they were on the ground for nearly three minutes. Deputies continue tasing him before Deputy Rodriguez pulled his trigger shooting and killing the veteran. The family attorney said the de-escalation techniques the deputies used were inadequate.
"First you use a commanding voice, then you go hands on, then you go taser, then your firearm. That is not how you de-escalate a mental health crisis," the attorney said. "That is how you de-escalate a crime. Since there was no crime occurring it was a rapid escalation that resulted in death."
District Attorney Joe Gonzales released the following statement to KENS 5.
"The death of Mr. Daniels was tragic. This country needs to do a better job of helping those in mental health crisis. We have reviewed the video with the Daniels family and have informed them of the Grand Jury's decision. As I have stated in the past, every officer-involved shooting in Bexar County resulting in serious injury or death will be decided by a Grand Jury."
The Daniels family now plans to file a civil suit against Deputy Rodriguez, the other two deputies, and the sheriff's office. Merritt said he also put in a request with the Department of Justice. He wants the feds to get involved in the case.
According to BCSO, Deputy Rodriguez, a 14-year veteran, is currently on administrative duty. BCSO said the two other deputies involved in the incident are back on patrol.
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