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

by Michael Nguyen
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Missed Arrest Opportunity

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.)

Frequently Asked Questions (FAQs) about Missed Arrest Opportunity

What happened during the August encounter with the shooting suspect in Texas?

During the August encounter, sheriff’s deputies confronted Shane James Jr., who was experiencing a mental health crisis and had removed his ankle monitor. He was found naked and shouting obscenities while barricaded in a bedroom. Surprisingly, instead of making an arrest, deputies left him with his family.

Why didn’t deputies arrest Shane James Jr. during the August encounter?

Deputies did not arrest James during the August encounter because, at that time, cutting off an ankle monitor was not considered a criminal offense. It was classified as a parole violation, and their ability to forcibly enter the room was limited since they were dealing with a misdemeanor warrant.

What changed in the law that could have led to James’s arrest?

A new state law, set to take effect just a month later, reclassified cutting off an ankle monitor as a state jail felony punishable by up to two years in jail. If this law had been in place during the August incident, deputies could have lawfully removed James from the room and arrested him.

How did James become a suspect in a shooting rampage across Texas cities?

James is now charged with two counts of capital murder for a violent spree that began at his parents’ home in the San Antonio area and extended to Austin, where he allegedly killed four more people and injured several others, including two Austin police officers.

What prompted the change in the ankle monitor law?

The change in the ankle monitor law was prompted by a fatal shooting at a Dallas hospital in October 2022, where the shooter had a history of tampering with his ankle monitors. This tragic incident highlighted the need for legal reform in this area.

What measures have been taken since the new law went into effect?

Since the new law went into effect, law enforcement agencies are now promptly notified when a suspect removes their ankle monitor, and appropriate felony charges are filed. This change aims to enhance public safety and prevent incidents like the one involving Shane James Jr.

What is the perspective of advocates like Andy Kahan on this issue?

Advocates like Andy Kahan, the director of victim services for Crimes Stoppers of Houston, emphasize the importance of such legal reforms. They argue that had James been taken into custody as a result of the new law, it’s highly likely that the tragic events could have been prevented. Kahan also calls for a task force to identify individuals who have removed their ankle monitors, posing potential risks to public safety.

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