NO INDICTMENT. Eyewitness says Houston Police Shot Handcuffed Black Man in the Back: Cop Goes Free

The Pearland woman who told reporters that a Houston police officer shot a man after he was handcuffed did not waver from that account when she testified before a grand jury, Harris County District Attorney Chuck Rosenthal said Friday.

However, he said, Yolanda Perry's testimony "was refuted or contradicted by a number of other people."

A grand jury decided not to indict officer L.D. Smith in the Jan. 8 death of 23-year-old Robert McIntosh. Smith shot McIntosh during a violent struggle after a traffic stop in the 8700 block of Cullen near Knoxville.

Perry, who is married to Greater Lighthouse Baptist Church minister George Perry, has declined interview requests since she testified before the grand jury last winter.

A lawyer for McIntosh's family said Perry's account of the shooting is a major factor in a wrongful-death lawsuit they plan to file against the city.

"Mrs. Perry, she's been pretty staunch about the whole deal and what she saw," said Derek Merman, the McIntosh family's lawyer.

Seeking justice

The family, he said, was devastated to hear that Smith would not face criminal charges.

"They are disappointed justice was miscarried, so they are going to try to bring the responsible parties to justice through the civil court system," he said.

Perry has said she saw Smith handcuff McIntosh before shooting him in a ditch. Police and media noted numerous discrepancies in her recollection of events before and after the shooting.

She was one of three witnesses who initially said they saw McIntosh handcuffed before he was shot. Two of the witnesses recanted, acknowledging they hadn't seen McIntosh get shot.

Tracking inconsistencies

Perry initially said the shooting happened in front of her as she was driving to her husband's church on Knoxville. On another day, she said it took place while she was in the parking lot of the church.

"Not only are these statements conflicting, but neither are supported by other witnesses," Police Chief Harold Hurtt said on Thursday.

She had also said that Smith fled in his patrol car after the shooting. In a later interview, however, she said she was not sure if the officer left. Hurtt said 13 witnesses at the scene gave accounts of what happened that confirmed all or part of Smith's version of the incident.

Though some details changed, Merman said, Perry had not recanted seeing McIntosh handcuffed before the shooting.

"It's been my experience that eyewitnesses in traumatic scenarios may forget some details, but they don't forget the big picture," he said. "She saw him handcuffed and shot. That's not something she would forget or get confused."

He added that McIntosh was not armed when Smith discharged his weapon. [MORE]