Grand Jury Decides Not To Indict Deputy In Shooting - KLTV.com - Tyler, Longview, Jacksonville |ETX News

5/4/07-Longview

Grand Jury Decides Not To Indict Deputy In Shooting

No criminal charges will be pressed against the Gregg County Deputy who fatally shot a 21-year-old man New's Year Eve night.   It was a little over five months ago that Deputy Roy Nixon shot Abel Jaimes Benitez during a suspected DWI traffic stop.   Friday the District Attorney's Office released dashcam video from the deputy's car, the same video a Gregg County grand jury viewed to make their decision. 

The dashcam video shows it was just before eight o'clock when Deputy Roy Nixon turns on his lights and sirens to pull over 21-year-old Abel Jaimes Benitez

After a point when Benitez swerves over, crossing the center line, he pulls over and this is what Deputy Roy Nixon says, "Turn off the car! Turn off the car! Show me your hands! Raise your hands now! Raise your hands! Turn around! Turn around! Stop! Put your hands...get your hands out of your jacket! Do it now! Do it now!"

Friday, KLTV spoke with Benitez's aunt, Brenda Benitez.

"He no do anything, you know I wanted to see if he force him or say something to the sheriff or something, but he no do anything...he don't understand," she says.

Brenda says Benitez did not speak English, and simply could not understand what the deputy was telling him to do.  

"We think probably he fight with the Sheriff or what, everybody have the same question," she says.

Brenda says her family always thought Benitez must have tried to hurt or struggle with the officer.

"But I can see right now, he no do anything with the Sheriff," she adds. 

Brenda says the officer should have asked Benitez if he could understand what was being said. 

"He tell him put your hands up and he don't understand he kill him, do you think that's right?" she asks.

"For me it's no excuse to kill him because you know sometimes like me happen and you're driving and police stop you and sometimes you're scared."

She says she's glad to finally know what happened that fatal night, but she says it makes her more upset to know what little happened between the deputy and Benitez. 

"They can arrest him, but you know just when they stop somebody, kill him." 

And Brenda adds she can't believe a Grand Jury decided not to indict. 

"They're not going to charge him for nothing, like if you kill one dog, they put in your jail or your guilty and they charge you, but it's a life and they don't want to do anything? It's a life," she cries.

KLTV called Gregg County District Attorney Bill Jennings and Sheriff Maxey Cerliano for a comment, but they declined.

Tracy Watler/Reporting: tracy@kltv.com

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