GALVESTTONCOUNTY

Crimin
nalDistrict
Attorney
Pre
ess Rele
R ease
e

JACKROADY For Imm

mediate R elease M ay 10, 20
017
GRAND JURY CO
ONCLUD DES INVE STIGATIION
OF NOV
VEMBER 29, 2016 OFFICER
O R-INVOLV VED SHO
OOTING

GALVEST TON Tod day a Galveeston Countty Grand Juury completted its inveestigation off the
volved shootting that occcurred on Noovember 29, 2016, in Friiendswood. The Grand Jury
officer-inv
concluded d its review of the evid dence and teestimony annd determineed to take nno action in
n the
matter.
Kevin
nPetroff
First Assistant The investigation beg gan after Frieendswood P Police Officeer Brad Ruskk respondedd to a shoplifting
call at a Sh he corner of South Frienddswood Drivve and East Edgewood drive
hell Station located at th d
Johnn
nyFreeze in the afteernoon hourrs on Novem th
mber 29 . T The clerk oof the Shell Station callled the policce to
ChiefIn
nvestigator report Toby Dean Cu ummins forr stealing a beer from the convennience store. Officer Rusk R

approacheed Cummins on a nearby y sidewalk aand ordered him to stop. Civilian w witness accou unts,
ZoniaWWilturner
scene phottos and Officer Rusks body-camera
b a video estabblish Cummiins possesseed a box-cuttter in
SSmith
Chief Executive
his hand. After Cumm mins refused d orders to sstop and beggan chargingg Officer Ruusk with the box-
O
Officer cutter, Offficer Rusk fiired four tim
mes at Cumm mins striking him three timmes and killling him.

The Frienndswood Pollice Departm ment conduccted the crim minal investtigation intoo Mr. Cumm mins
actions an
nd a separatte internal affairs
a investtigation regaarding Officcer Rusks ccompliance with
departmenntal policy. The
T Galvestton County D District Attoorneys Offiice Public Inntegrity Diviision
respondedd to the scen ne and condducted a sepparate investtigation of O Officer Ruskks actions. The
Friendswoood Police Department
D provided
p fulll cooperationn to the DAs Office as tthe investigaation
ran its full course. Investigatorrs secured aaudio and viideo recordiings of the shooting sccene,
recovered physical ev vidence, interrviewed nummerous witnnesses, obtainned the Meddical Examin ners
report and
d other evideence from th he Harris Coounty Instituute of Forennsic Sciencess, and subm mitted
numerous pieces of ev vidence to the
t Texas D Department oof Public Saafety Crime Lab for foreensic
testing. Once
O the ev
vidence was gathered an and the inveestigation annd all forenssic analysis was
completedd, all evidencce was madee available too the Grand Jury.

A frame-b by-frame ex xamination ofo the bodyy-camera viddeo and invvestigation oof the scenee led
investigatoors to conclu ude that Cummmins first injured him
mself with thee blade, andd then chargeed at
Officer Rusk.
R The autopsy rep port from tthe Harris C County Insttitute of Foorensic Scieences
document what appeaared to be sellf-inflicted w wounds on C Cummins wrrist and foreaarm, and a DNA
D
report revealed that on nly Cummin ns blood waas on the blaade of the bbox-cutter. A careful rev
view
of the bod dy-camera video
v also ap
ppeared to sshow Cumm mins wavingg the box cuutter, and at one
point yelliing at Officeer Rusk to sh
hoot him whiile charging at the officeer.

The Grand d Jury, empaaneled underr the authoriity of the 1222nd District Court in Gaalveston Cou unty,
received evidence
e andd had the oppportunity too hear testim
mony of witnnesses beforre concludin ng its
deliberatio
ons. No furtther criminall action will be taken wiith respect too the officers actions.

Contact :
Galvesto onCounty
JusticeCCenter
60059 thh Street
Suite10
001
Galvesto on,Texas
(409)766 62355
(409)766 62290(fax)