|Bond set for man wounded by deputy|
|Faith Huffman | News-Telegram News Editor|
Nov. 7, 2005 - The 56-year-old Brashear man shot by a sheriff’s officer following a stand off involving gunfire on County Road 1211 late on Sept. 22, was arrested on felony charges Saturday morning upon his release from East Texas Medical Center in Tyler.
Deputies Tanner Crump and Alvin Jordan served Earl Hammond Polley with the first-degree felony warrant Saturday at the Tyler hospital. Polley was arraigned before a Smith County justice of the peace before being transported to the county jail, where he remained Monday morning in lieu of $250,000 on charges of aggravated assault of a public servant.
�At this point, I think the ranger is still trying to figure out what took place just before the incident, what if anything he may have said to� his family or anybody else before law enforcement arrived,� District Attorney Martin Braddy said Monday morning.
Once his investigation is complete, Texas Ranger Phillip Kemp will turn his findings in the case over to the district attorney’s office. At that time Braddy will determine whether any additional charges will be filed against Polley and, as is standard procedure, the charges will then be presented to a grand jury.
No charges are expected to be filed against Investigator Matt Hooper, the sheriff’s department representative on Red River Valley Drug Task Force who fired the shotgun blast that struck Polley’s leg during the Sept. 22 incident, according to the district attorney’s office.
�As best I understand it, Ranger Phillip Kemp believes it�s a legitimate shooting, that he [Polley] was shooting in the officers� direction, shooting at light held by one officer. He raised his gun, and the officer shot him,� Braddy said Monday morning. �The ranger has not submitted anything to me yet, but based on talking with him it does sound like a legitimate shooting.�
�It�s normal if an officer shoots someone and that person dies to present [the case] to the grand jury. In this instance the person did not die, and it will not necessarily go to the grand jury regarding the officer as it appears a legitimate shooting. Polley pointed the gun at the officers and was shot. Based on that set of facts, I do not anticipate there�s gonna be any charges against the officer, investigator Matt Hooper.�
According to sheriff’s reports, officials were first made aware of something was amiss at the County Road 1211 residence about 11:45 p.m. Saturday, Sept. 22, after receiving a call of a subject with a gun outside a house, located just off State Highway 154 south in Arbala. The suspect, later identified as Polley, was in the back yard and fired a shot as officers arrived at the scene. Officials took cover behind a building and tried to talk the man into putting the gun down and surrendering to authorities. A brief standoff developed, with more officers arriving.
Officers continued to try to negotiate with Polley, but were unable to see the man hiding in the dark, other than from the flash from four rounds fired by the man. Hooper, noting that Polley was then aiming a gun at an officer with a flashlight fired his shotgun at Polley to protect the officer. Polley was struck in the leg, and dropped the gun, ending the standoff.
Polley was first taken to Hopkins County Memorial Hospital and later taken to the Tyler hospital for surgery, according to Sheriff Butch Adams.
Polley remained in ETMC, where he was also treated last week for another unrelated medical condition. He was taken in custody upon his release from the hospital Saturday.
Depending on the findings of Ranger Phillip Kemp, who referred all questions pertaining to the case to the district attorney’s office, and the district attorney and grand jury’s determinations, Polley could face other charges as well.