Former Brazoria County Deputy Indicted in Fatal Shooting of Texas State Student in Lake Jackson
Kevin Tippit, fired from the Brazoria County Sheriff's Office in June, faces a first-degree felony charge of aggravated assault by a public servant in the death of 18-year-old John Mendoza Jr.
A Brazoria County grand jury has indicted a former sheriff's deputy on a first-degree felony charge in the shooting death of an 18-year-old Texas State University student, more than two months after the deputy fired a shot into the young man's car inside his own garage.
Kevin Tippit was indicted August 6 on a charge of aggravated assault by a public servant, according to the Brazoria County District Attorney's Office. Texas Rangers took him into custody around 9 a.m. Tuesday. His bond was set at $250,000, which he posted before being released from the Brazoria County Jail sometime after 1 p.m.
The charge carries a punishment range of five to 99 years or life in prison, the same range attached to a murder charge. John Mendoza Jr.'s family attorney, Charles Adams, said the distinction between the two charges matters for how prosecutors build their case. With murder, he said, prosecutors would have to prove Tippit fired knowingly or intentionally. Aggravated assault allows prosecutors to argue Tippit acted recklessly.
"There has historically not been much accountability for the bad acts of law enforcement in Brazoria County," Adams said. "This is a good day for justice." He called the charge "shrewd lawyering" by the district attorney and said the family is now looking toward a lengthy prison sentence.
The shooting happened shortly after midnight on June 1. According to investigative records, Tippit tried to stop a red Dodge Challenger driven by Mendoza near Oyster Creek Drive and FM 2004 for a traffic violation. Mendoza's car was seen fishtailing on Tippit's dash camera before Mendoza sped off, reaching speeds of about 120 mph and running six red lights as Tippit followed.
Mendoza pulled into the garage of his father's home on Indian Warrior Trail. As the garage door began closing, Tippit got out and followed him on foot. Body camera footage reviewed by investigators shows Tippit walking up to the driver's side of the car, drawing his handgun and firing a single shot through the window into the passenger compartment. When Tippit opened the door, he found Mendoza had been struck.
Dispatch audio captured Tippit reporting an "accidental discharge" and telling dispatchers a man was bleeding. A Texas Ranger wrote in an affidavit that, based on training and experience, he understood Tippit to mean his firearm had gone off unintentionally. Investigators say Tippit then began providing first aid until paramedics arrived.
Surveillance video obtained separately does not capture any audible commands from Tippit before the shot, which came about eight seconds after both vehicles stopped. A custodial death report filed by the sheriff's office lists the cause of death as a gunshot wound to Mendoza's left upper extremity that entered his torso, and classifies the death as a homicide.
As part of the criminal investigation, investigators sought a forensic examination of Tippit's Glock 19X to confirm the weapon was "properly functioning," according to a search warrant tied to the case.
The Brazoria County Sheriff's Office fired Tippit on June 9, about a week after the shooting. Sheriff Bo Stallman said at the time the firing was for policy violations related to the handling and discharge of his firearm. Following the indictment, Stallman issued a statement about the case.
"This indictment carries heavy emotion," Stallman said. "John Jr. was a young man who was well-loved and had his whole life in front of him. He should still be here with his family." Stallman also said Tippit had worked hard for the department and the community, but added that trust between residents and law enforcement depends on holding officers accountable. "As Sheriff, there is nothing more important to me than our citizens trusting law enforcement professionals are doing their very best to serve them every day," he said.
The case has drawn scrutiny over how the sheriff's office handled records tied to the shooting. Mendoza's family and their attorney previously accused the county of withholding body camera footage and fighting transparency in the weeks after the shooting, before the Texas Rangers affidavit laying out the sequence of events became public in July.
Tippit remains free on bond. No trial date has been set. The Brazoria County District Attorney's Office has not said when it expects to present the case in court, and the investigation into the shooting, led by the Texas Rangers, remains open.
