Man shot by HPD officer faces felony charges
By DALE LEZON
Copyright 2010 HOUSTON CHRONICLE
Oct. 11, 2010, 11:51AM
A man wounded by a Houston police officer early Sunday near downtown after he refused to follow the officer's orders has been charged with unlawfully carrying a gun.
Jose Edgardo Rivera, 21, is charged with being a felon in possession of a weapon after the shooting, which occurred in the 900 block of Thompson near Washington about 3 a.m., police said.
Police said Rivera was wounded in the shoulder. He was taken to Ben Taub General Hospital, where he was treated and released. Police did not release his condition.
No other injuries were reported.
Houston Police Officer M.T. Hardt responded to the shooting, police said. When he arrived, he saw three men walking in a dimly lit area and told them to stop. Police said two of the men obeyed the officer but Rivera did not.
Hardt told Rivera to show him his hands, but Rivera refused.
Rivera entered a gate and went into the yard of the residence at 908 Thompson. Then he turned around in Hardt's direction.
Hardt, who has been on the force since July 2009, feared for his safety and fired at Rivera, hitting him.
A large caliber pistol was found on the ground where Rivera fell after he was shot.
As is customary in shootings involving Houston Police officers within the city limits, the case will be investigated by the Houston Police Department homicide and internal affairs divisions. The Harris County District Attorney's Office will also investigate the case.
Rivera pleaded guilty in 2007 to burglary of a habitation, a second-degree felony, according to Harris County court records.