BRAZORIA COUNTY, Texas — Former Brazoria County Sheriff's Deputy Kevin Tippit has been indicted and arrested in connection with the fatal shooting of 18-year-old John Gabriel Mendoza Jr., marking a major development more than two months after the Lake Jackson shooting.
A Brazoria County grand jury indicted Tippit on aggravated assault by a public servant, a first-degree felony. Tippit was booked into the Brazoria County Jail Tuesday, Aug. 11, and his bond was set at $250,000.
The charge carries a potential punishment of five to 99 years or life in prison if convicted.
Indictment Alleges Reckless Conduct
Court records allege Tippit recklessly caused serious bodily injury to Mendoza by shooting him.
That language could become a critical part of the prosecution.
Under Texas law, assault causing bodily injury can be committed intentionally, knowingly or recklessly. Aggravated assault can become a first-degree felony when committed by a public servant acting under color of his office or employment under circumstances covered by the statute.
Charles Adams, an attorney representing Mendoza's family, said the aggravated-assault charge gives prosecutors an important option that a murder charge would not.
Adams said District Attorney Tom Selleck explained that prosecutors can pursue the case using a reckless culpable mental state.
“This allows the district attorney's office to push back on the argument that it was just an unfortunate accident,” Adams said, adding that he expects Tippit's defense to argue the shooting was accidental.
Although Adams referred to Mendoza's death as a murder in his remarks, Tippit has not been charged with murder. The indictment is for aggravated assault by a public servant, and Tippit is presumed innocent unless proven guilty.
Shooting Followed Police Pursuit Into Lake Jackson Garage
The shooting happened shortly after midnight on June 1 following an attempted traffic stop and pursuit.
Court records previously released in the investigation say Mendoza accelerated away from Tippit, at one point reaching approximately 120 mph and running six red lights before pulling into a garage on Indian Warrior Trail.
A Texas Rangers affidavit states Tippit followed on foot, approached the driver's side of Mendoza's vehicle, drew his handgun and fired through the driver's-side window. Tippit then radioed dispatch and described what happened as an “accidental discharge,” according to the affidavit.
Mendoza later died from the gunshot wound.
Tippit was fired from the Brazoria County Sheriff's Office on June 9 after Sheriff Bo Stallman said an internal review found policy violations related to the handling and discharge of his firearm.
Mendoza Family Attorney Applauds DA's Decision
Adams praised Selleck's decision to pursue the first-degree felony charge and said the family believes it was the right move.
“We applaud this decision,” Adams said. “We look forward to his arrest.”
Adams also sharply criticized the Texas Rangers and Brazoria County Sheriff's Office, saying he did not believe the indictment was the result those agencies wanted. He further alleged Brazoria County has a history of covering up police misconduct and violence.
Those broader allegations are Adams' claims and have not been independently established by Gulf Coast Times.
Sheriff Stallman, meanwhile, said following the indictment that Mendoza “should still be here with his family” while also describing Tippit as someone who had worked hard for the department and community. Stallman said his office remains committed to accountability and the legal process.
The Texas Rangers conducted the criminal investigation at Stallman's request before the case was presented to the grand jury.
With the indictment now returned and Tippit arrested, the case moves from a months-long investigation into the criminal court system.
Gulf Coast Times will continue following the case as additional court records, hearing dates and developments become available.