Judge rejects plea bargain
Justice to suspect: ‘Weapons and crowds don’t mix’
A Bowie County district judge made reference to the recent mass shooting in Las Vegas before rejecting a plea agreement Thursday for an 18-year-old man accused of stealing a firearm.
Shemar Harris stood with Shoaib Daredia of the Bowie County Public Defenders Office for what was scheduled to be a sentencing hearing Thursday morning in a firstfloor courtroom of the Bi-State Justice Building in downtown Texarkana. Harris previously entered a guilty plea in anticipation of receiving probation, but 202nd District Judge John Tidwell said he wouldn’t accept such a plea bargain in Harris’ case.
“You went to Academy on a Saturday a week or so before school started, and you pulled a gun on a citizen who was trying to help a police officer stop you,” Tidwell said. “I don’t like people who pull out guns in crowded places, especially where there are children. If there’s one thing we’ve learned in the past week, it’s that weapons and crowds don’t mix. They won’t be tolerated.”
Tidwell told Harris he would allow him to withdraw his previous entry of a guilty plea. Harris has the option of taking his case to a jury or of entering into a less-favorable agreement with the state that includes a
Harris was arrested Aug. 5 in the parking lot of Academy Sports and Outdoors on Walton Drive in Texarkana, Texas, according to a probable cause affidavit used to create the following account. Employees there recognized off-duty police officer Alan Bailey, who was shopping in the store, and asked him for help with a man they suspected was stealing ammunition.
Bailey approached the man, identified later as Harris, and identified himself as a police officer. Harris allegedly began pulling out store merchandise he had concealed on his body but started running when an employee told Bailey there was more in the man’s pockets.
Bailey allegedly chased Harris into the parking lot, where a good Samaritan attempted to help bring Harris into the officer’s custody. Harris allegedly turned and pointed a handgun at the civilian before continuing to run. When Bailey caught up to the armed suspect, he “struggled and reached for his pocket,” leading others in the parking lot to warn Bailey of the gun in Harris’ pocket.
Bailey broke his hand when he used force to bring the suspect under his control. When Texarkana, Texas, Officer Clint Akin arrived, he found Bailey and two helpful citizens had pinned Harris to the hood of a car in the busy parking lot. Akin cuffed and searched Harris. Inside Harris’ pocket, officers allegedly found a bag of marijuana.
“Just after I had placed him in cuffs, one of the citizens that assisted Officer Bailey handed me a small Smith & Wesson .40-caliber handgun that Officer Bailey observed being pulled from the suspect’s pocket,” the affidavit states. “The weapon had been cleared by the citizen, but he informed me that it had a loaded magazine with seven rounds in it and there was a round in the chamber.”
Harris allegedly made self-incriminating statements while on the way to the jail in Akin’s patrol car.
“I’m gonna get bonded out and do this s**t again,” Harris allegedly said to Akin.
The marijuana allegedly recovered from Harris’ pocket was a topic of conversation as well.
“After getting to the jail, I left the substance in my car and Harris confirmed that it was his marijuana by stating, ‘ Why are you leaving the dope in the car you crooked ass pig, you like to smoke weed?’” the affidavit states.
A check of the gun’s serial number reflected it had been reported stolen in Bowie County. Ammunition with a value of $82.96 was recovered from the parking lot and returned to the store.
Harris is currently free on bond. Tidwell scheduled him to return to court Nov. 6 for a pretrial hearing.