|Investigator says he’ll comply with records request|
|Bruce Alsobrook | News-Telegram Editor|
Dec. 3, 2006 - Information is expected to be released in the near future identifying the officer involved in a fatal shooting in Hopkins County Tuesday.
Texas Ranger Phillip Kemp, who is heading the investigation into the shooting death of Terri Lee Minty, 35, said he would comply with the public information request filed by the News-Telegram to identify the deputy.
The News-Telegram filed the formal request with the Texas Department of Public Safety. The Texas Rangers fall under the jurisdiction of the state DPS.
The Texas Public Information Act states that law enforcement agencies can withhold information dealing with the detection, investigation, or prosecution of crime, but not in all instances. For example, release of the information would have to interfere with the detection, investigation, or prosecution of crime, according to Section 552.108 of the Public Information Act.
The agencies must respond to the News-Telegram's request within 10 days, either by supplying the information, stating the information does not exist, or explaining under what provisions of the law the information is being withheld.
District Attorney Martin Braddy said that, as in all cases involving a shooting death, the case would be presented to a grand jury after the investigation has been completed. Kemp must still wait for toxicology results from the medical examiner in Dallas, as well as gathering other information, before he can complete his inquiry, so it is highly unlikely a grand jury will hear the case before January.