Suspect details brother's last moments

Man says he forgives Humble officer, whose gun went off as he tried to break window after alleged vehicle burglary

By DALE LEZON
HOUSTON CHRONICLE
Jan. 27, 2011, 12:13AM
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Michael Paulsen Chronicle

Joaquin Carlon, flanked by Esteban Carlon’s wife Jacquelin Garcia, 19, and her mother, Nancy Cortez, says he tried to talk his brother out of fleeing.

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The brother of a man accidentally shot to death by an Humble police officer while fleeing police describes his version of events. Video: Dale Lezon. Edit: Jason Witmer. 1/26/11A car theft suspect whose brother was shot to death by an Humble police detective as officers tried to apprehend the pair after a vehicle burglary at Deerbrook Mall this week said he forgives the lawman who fired the fatal shot.

"The biggest step for me was forgiving that guy, and I did," Joaquin Carlon, 22, said during a news conference Wednesday morning at the Carlon family's home in the 1400 block of Bringhurst near Lyons in Houston.

"I have no hatred towards him."

Carlon's brother, Esteban Carlon, 23, died in what the Humble Police Department said was an accidental shooting in the Sears parking lot at Deerbrook Mall in the 20100 block of the Eastex Freeway about 11:55 a.m. on Monday.

Police said Humble Police Department Detective Craig Miller's gun accidentally fired when he tried to use his semiautomatic handgun to break the passenger window of a stolen truck in which the Carlon brothers were sitting. Officers suspected the pair of burglarizing other cars in the mall's parking lot.

Esteban was shot one time in the head. He died at the scene.

Miller, a 12-year veteran of the Humble Police Department, remains on administrative leave with pay because of injuries he suffered from broken glass during the incident, said Humble Detective Lt. Jay Wrobliske.

Two police tactical experts have said the detective's actions were unusual, noting it is not common practice for an officer to use his service weapon to break a suspect's car window during an attempted arrest and that such a technique is not taught in police academies.

One expert noted such an action could break the officer's gun, putting the officer and others at risk.

Humble police declined to respond to those remarks Wednesday, citing an ongoing investigation, and would not comment on its departmental policies or whether Miller violated standard procedure, Wrobliske said.

The incident was captured on video, but Humble police are referring the filmed footage to the Texas Attorney General's Office for review to determine whether it should be made public.

Humble police had gone to the mall after getting a report of a vehicle break-in there. They saw one of the suspects climb out of a vehicle that had been broken into and get back into the stolen truck.

They were surrounded
Joaquin Carlon said he saw about 20 police cars surrounding the stolen truck he was sitting in and other officers walking nearby before the shooting.

Then he saw an officer pull up nearby in a squad car, jump out with a handgun drawn and run toward his brother.

He said his brother climbed into the passenger side of the stolen truck beside him and told him to drive away.

But Joaquin said he refused. He said Wednesday that he knew there was no way they could escape the police.

Joaquin said he then heard a single loud bang and the glass in the window shattered. Afterward, he saw his brother's face crumple.

Humble police said the truck had moved backward as officers approached it from both sides, but Joaquin denied that.

He said the truck was in park, and he didn't want to move it for fear the officers might open fire on them.

Charged in incident
Joaquin, who was arrested and charged with unauthorized use of a motor vehicle, said he hopes the detective who shot his brother will face whatever justice is appropriate under the law.

Community activist Quanell X, who arranged the news conference and stood with Joaquin as he faced reporters, called on Humble police to better train their officers to not use their guns to break out car windows.

However, he said Miller must be responsible for his behavior in the fatal shooting.

Joaquin was later released on a $15,000 bail. Police did not find any other stolen items in the stolen truck the brothers were using, Wrobliske said.

Esteban Carlon leaves behind a wife and their two small children, 5-months-old and 1-year-old, his family said.

Chronicle reporter Peggy O'Hare contributed to this report.

dale.lezon@chron.com

 

http://www.chron.com/disp/story.mpl/metropolitan/7399133.html