A Harris County grand jury indicted a now-retired Houston Police officer for tampering with evidence at a crime scene, and for assault on Thursday.
It happened back in February during an incident in which Officer Bruce Johnson shot and kicked a man who had just burglarized his home.
"A grand jury of citizens reviewed all of the evidence," Harris County District Attorney Kim Ogg said in a press conference. "Speaking on behalf of the community, that grand jury has determined that crimes were committed."
Officer Johnson was off duty, but in uniform, when a private security company notified him that the glass in a window or door of his home had been shattered.
Johnson rushed home and confronted the burglar, Derek Carr.
He shot Carr once in the back and once in the elbow.
A witness captured a video showing Johnson kicking Carr after he had already been shot and was lying on the ground.
Johnson was indicted for two crimes, tampering with evidence and assault.
Johnson is accused of moving a burglary tool in order to hinder an investigation. Tampering with evidence is a third-degree felony, punishable by two to ten years in prison.
Assault is a Class A misdemeanor, punishable by up to one year in jail.
"We believe that a just result of the victim, the offender and the community are important and this requires equal application of the law to everyone," Ogg said. "No preferential treatment for anyone."
Houston Police Chief Art Acevedo released this statement following the indictment:
"The Houston Police Department is extremely disappointed in the actions of this former employee. However, I am proud of the work of the newly created Special Investigations Unit (SIU) that I formed to conduct thorough and detailed investigations on critical cases like this one. While the circumstances in this case on the day of occurrence suggested no wrongdoing, a proper impartial investigation by HPD SIU lead to the discovery of facts and evidence resulting in the indictment of this former employee. The Houston Police Department remains committed to transparency and accountability."