MCSO deputy “no-billed”

From the Montgomery County District Attorney’s Office
Press Release

On May 21, 2009, a Montgomery County Grand Jury “No Billed” Sheriff’s Deputy Swank’s use of deadly force arising out of incident last January, effectively closing out the first deadly force investigation undertaken by the District Attorney’s Office as part of their new policy to present officer involved shootings to the Grand Jury. The District Attorney’s office conducted an independent investigation in concert with those undertaken by the Sheriff’s Department and the Texas Rangers.

The incident arose out of a loud noise disturbance at an apartment complex located at 10510 Six Pines Drive in the Woodlands on January 15, 2009. Deputy A. Swank along with two other Sheriff’s Deputies responded to complaints of extremely loud music but were initially unable to obtain a response from inside the apartment. After knocking for several minutes and identifying themselves as police officers, the music was turned down and a loud voice from inside the apartment began to curse at the officers. The deceased, Jack Stephen Head, a 45 year old male with a history of schizophrenia and bi-polar disorder, began to threaten the officers from inside the apartment claiming to have a butcher knife and stating he would kill them. One Deputy held the door closed while the other officers took up defensive positions. When the door was released, Mr. Head who was 73 inches tall and 284 pounds, exited the apartment with two butcher knives raised above his head and started towards them. The Deputies ordered Mr. Head to get on the ground and drop the knives but he refused to comply. Fearing for his life and the safety and welfare of the other deputies, Deputy Swank fired two shots striking Mr. Head in the torso.

Mr. Head fell to the ground and medical attention was immediately obtained. He was lifeflighted to Hermann Hospital where he later died from injuries related to the gunshot wounds.

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