The Victoria, Texas Police Officer that tazed an elderly man over expired registration stickers will not be indicted.
Grand jury members did not indict a former Victoria police officer or the 76-year-old man he tased.
Jurors determined there was not enough evidence to charge Nathanial Robinson with unlawful restraint, injury to an elderly individual, abuse of official capacity or official oppression.
Pete Vasquez could be prosecuted for resisting arrest, according to the documents that explained their decision. However, resisting arrest is a misdemeanor not within the scope of the grand jury's duties, so they referred that decision to Criminal District Attorney Stephen Tyler with the "strong recommendation" he not file charges against Vasquez.
Tyler could not be reached for further comment Friday regarding whether he'd follow the jurors' advice.
Robinson's attorney, Greg Cagle, was not surprised the former officer was cleared.
"I've said the same thing all along. The arrest was lawful and the force was reasonable," Cagle said.
But the documents the grand jury filed with the district clerk's office do not necessarily reflect the same conclusion about the arrest.
They wrote that Robinson injured Vasquez by knocking him to the ground and tasing him twice during an unlawful arrest regarding an expired inspection sticker on Dec. 11. But they found Robinson "reasonably believed he was affecting a lawful arrest" and "did not intend to obtain a benefit or act with intent to harm or defraud another."
Regarding Vasquez, the grand jury wrote he knew Robinson was a peace officer, but pulled away from him. And it is Texas law that one cannot resist arrest even if the arrest is unlawful.
The grand jury also put the onus on the Victoria Police Department to clear up its use of force policies and procedures. They couldn't determine whether Robinson violated the policies and expressed concern about the rate at which Robinson's force escalated.
They wrote, "the grand jury is also concerned that if with time to deliberate, they are unsure as to the appropriate force, that this ambiguity is far greater for officers who must decide and employ force in seconds."