Texas deputies confronted but didn’t arrest fatal shooting suspect in August, a month before new law

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In August, Texas sheriff’s deputies encountered a man suspected of a shooting spree that claimed six lives across two major Texas cities. During this encounter, Shane James Jr., who was experiencing a mental health crisis and had removed his ankle monitor, was found naked and uttering obscenities while barricaded behind a bedroom door. Surprisingly, rather than making an arrest, the deputies left James with his family.

Notably, had this incident occurred just a month later, it would have fallen under the purview of a new state law that categorizes cutting off an ankle monitor as a state jail felony. In such a scenario, the deputies could have lawfully removed James from the room and placed him under arrest.

Bexar County Sheriff Javier Salazar expressed some regret about the handling of the situation, stating, “It is always possible that we could have done more. While we wish that the opportunity had presented itself to put hands on him, there is no doubt in my mind that the deputies would have, had they safely been able to put hands on him.”

Currently, James, 34, faces two counts of capital murder, accused of a violent rampage that began at his parents’ home in the San Antonio area and extended to Austin, where he allegedly killed four more individuals and injured three others, including two Austin police officers. Among the victims were Emmanuel Pop Ba, 32, and Sabrina Rahman, 24.

The legislative response to this situation came in the form of a change to the ankle monitor law in Texas. The alteration stemmed from a fatal shooting at a Dallas hospital in October 2022, where the shooter had a history of tampering with his ankle monitors.

James had a prior encounter with the law in January 2022, when he was arrested on a misdemeanor domestic violence charge related to an alleged attack on his parents and a sibling. Following his release from jail, he removed his ankle monitor in March 2022. At that time, cutting off an ankle monitor was considered a parole violation.

When deputies responded to the August incident at James’ parents’ residence due to his erratic behavior, the new law, classifying tampering with an ankle monitor as a state jail felony punishable by up to two years in jail, had not yet taken effect (it was scheduled for September 1).

During the August confrontation, James barricaded himself in a bedroom and directed racial slurs and insults at the deputies. However, given that they were dealing with a misdemeanor warrant, their authority to forcibly enter the room was limited compared to a felony charge, according to Sheriff Salazar.

James’ father managed to partially open the door, but the deputies departed without taking James into custody. They instructed the family to contact them when he emerged, at which point they would make the arrest. Regrettably, no such call was received.

Sheriff Salazar pointed out that while cutting off an ankle monitor was not a criminal offense at the time, their procedures have since evolved in response to the new law. Presently, the agency is promptly notified when a suspect removes their ankle monitor, and appropriate felony charges are filed. As Salazar put it, “Back in March 2022, unfortunately, that statute did not exist.”

Andy Kahan, the director of victim services for Crimes Stoppers of Houston, was a vocal advocate for the law that passed earlier this year. He noted that approximately a dozen states have implemented similar measures and emphasized the importance of such legislation. Kahan asserted that if James had been taken into custody as a result of the new law, it’s highly likely that six lives could have been spared.

Kahan also called for the establishment of a task force to identify individuals who have removed their ankle monitors, posing a potential risk to public safety. “The question for the state of Texas is how many others are wanted in a similar fashion,” he concluded.

(Note: This article was compiled with contributions from Jake Bleiberg, a writer with Big Big News based in Dallas.)

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