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

"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.