An assistant Smith County D.A. is gone and now the grand jury probe into a fatal Tyler Police shooting is reopened.
Back in July, Tyler Police officer, Kenneth Gardner, was injured in a shoot out at the Grand Manor Apartments. When it was over, the suspect, Terence Raibon, was dead.
A grand jury cleared the officers involved, but a key witness never got to testify before the grand jury.
"He should have been presented to the grand jury and that was not done," says Jack Skeen, Smith County D.A.
"It has caused me to be very displeased at his (Jim Huggler) handling of the case." District Attorney, Jack Skeen says his assistant D.A., Jim Huggler, who is no longer with the D.A.'s office didn't subpoena Kendrick Williams. Williams had even told police quote," Yeah, he was on the ground when police officers was firing the shots, the guy was on the ground."
That troubled private investigator, Lesly Gatheright and Raibon's mother who are suspicious of alleged police misconduct themselves.
"Mr Jack Skeen and the police chief Mr. Swindle will never make believe they would dismiss that testimony from an eyewitness as not being relevant," says Lesly Gatheright, a private investigator. "I have a serious problem with them not including that and submitting it to the grand jury."
Kendrick Williams is scheduled to go before the grand jury Thursday. Jack Skeen says the Grand Jury, if they see fit, would be able to change their decision about clearing the officers.