WHITEHOUSE, TX (KLTV) - A grand jury has decided not to pursue criminal charges against a Whitehouse police officer who shot a man while detaining him during a November incident.
Police Chief Ed Morris said the grand jury issued the no-bill recently and Officer Debra Daily will be back on duty this week.
Daily shot Benjamin Patrick Stacey, 19, on Nov. 19 following a call of a possible burglary at the home of an off-duty Longview police officer. The off-duty officer had detained Stacey, according to arrest documents. When Daily arrived at the home, she reported seeing Stacey lying on his stomach and handcuffed in the driveway.
The off-duty Longview officer reported to investigators that while looking through a doorbell camera, he saw Stacey and another man trying to open the front door of his home. The officer went outside, and said he found Stacey and the other man in the driveway beside his vehicles and detained them, according to the affidavit.
The Longview officer also reported seeing Stacey with a backpack, which he removed before handcuffing him, according to the affidavit.
Once on scene, the Whitehouse officer began questioning Stacey and another man who was also detained at the scene. The affidavit states that Daily asked Stacey if he had any weapons.
“Stacey advised he had a ‘pocketknife’ but did not advise that he possessed any other weapons,” the affidavit states.
“Officer Daily subsequently conducted a search of Stacey’s person at which time Officer Daily discovered Stacey to have concealed within his waistband a Taurus .38 Special Revolver,” the affidavit states, adding that Tyler Police Department later confirmed the weapon as being stolen.
“As Officer Daily went to retrieve the handgun it discharged, striking Stacey in the abdomen area,” the report states. “Officer Daily contacted dispatch for EMS and started first aid to Stacey.”
Stacey was taken by ambulance to a Tyler hospital and released that night. He turned himself in to the Smith County Jail on Jan. 17 after drug and gun charges were filed on him. The charges were in connection to allegations of him having a stolen gun, as well as drugs in his backpack.
Stacey was released on Friday after posting a collective bond of $221,000, according to jail records.
DPS spokeswoman Jean Dark said the Texas Ranger investigation was turned over to the district attorney’s office before it went to grand jury.
Editor’s note: Ben Stacey is the son of KLTV General Manager Pat Stacey.