Grand Jury clears SMPD officer in fatal shooting

The San Marcos Police Department officer who shot and killed Malachi Williams, 22, on April 11 was not indicted, according to Hays County Criminal District Attorney Kelly Higgins.

A press release from the district attorney said that the Grand Jury considered the evidence and determined that the officer’s actions were justified under Texas law.

“The Hays County Criminal District Attorney’s Office presented the results of the investigation to the Grand Jury,” Higgins said. “After hearing the evidence, the Grand Jury determined that the conduct of the officers was justified under the law and voted not to indict. This matter is now closed. … We are saddened by the loss of life, but the actions of Mr. Williams posed a threat to public safety. This officer was forced to make a difficult decision in order to protect the public.”

Williams was shot and killed in the H-E-B parking lot on Thorpe Lane after running from police following a report that he had threatened people with knives.

The incident began with Williams following two men from the Snax Max convenience store on Hopkins Street as they walked home in the dark. The men reported that Williams followed closely behind them and that his behavior made them uncomfortable.

After they had been followed for a couple of blocks, they confronted Williams and he produced two large knives, one in each hand, and threatened them. They immediately called the police to report what had happened. SMPD officers responded and initiated an investigation for aggravated assault with a deadly weapon. After speaking with the two men, officers began searching the area for Williams.

At approximately 10:35 p.m., Williams returned to the Snax Max store and went into a restroom at the back of the store. A SMPD officer arrived less than one minute later and waited near the front door until Williams came out. That officer had interviewed the victims of the earlier incident and was aware that Williams may have been armed with multiple knives. At that point, the officer asked Williams to step outside. During the encounter, Williams ignored the officer’s repeated commands to turn around and put his hands behind his back. After exiting the store, Williams continued ignoring the officer’s commands and, instead, turned and ran. He was pursued by multiple officers. The officer attempted to deploy his taser twice while running and both attempts missed. During the pursuit, the officer noticed that Williams was running with the knives in his hands. After running to the northwest along Hopkins, Williams cut through a parking lot and headed directly toward the H-E-B, which was open at the time. After they entered the parking lot of the grocery store, the officer shot Williams, striking him twice. Despite attempts at life saving measures, he did not survive.

The Texas Rangers conducted the investigation into the shooting with the assistance of the San Marcos Police Department.

The family of Williams, as well as many members of the community, have called for the body camera footage from the officer to be released. Higgins has previously withheld the footage from public release stating that the office’s policy is to “protect the video from public disclosure” during an investigation. Now that the investigation is complete and the Grand Jury declined to indict the officer, the city of San Marcos announced that it will be holding a press conference on Friday morning to “review body-worn camera footage, store video recordings, evidentiary pictures, and be available for questions.”