Late Monday the other side of the story began emerging in the shooting of a teenager who was running from police. The boy was shot by another teen, who says he was trying to help Houston police.
As of Monday night, Derrick Green, 17, was still in ICU at Ben Taub after his mom says he was shot three times in the back while running away.
However, the attorney for the teen accused of shooting him told KHOU late Monday his client has never been in trouble with the law and was trying to help police.
Nearly a week later, the reminders are still fresh of the Feb. 28 shooting that happened between two homes on the 9800 block of Canoga in the Spring Branch area.
Janice Albrecht, who lives nearby, said she heard several gunshots just moments after hearing a car hit the fire hydrant outside,
"All the police cars started coming, speeding up into the driveway,” said Albrecht. “(Police were) getting out of the cars with the guns drawn."
Anthony Bentley, 17, who lives blocks away, was arrested at the scene. He was charged with Aggravated Assault for allegedly shooting 17-year-old Derrick Green after Green got out of that stolen car.
"(Green) wasn't even charging the young man,” said community activist Quanell X. “He had his back to (Bentley) running away, so where was the dangerous life threatening circumstance shooting this man three times from behind?"
Now, Quanell X is calling on the Harris County District Attorney’s office to upgrade the charge of Aggravated Assault to Attempted Murder.
“We believe very well that attempted murder could be proven in this case because this young man was shot in the back three times,” said Quanell X. “He had no weapon.”
He later added, "The charge needs to be sufficient to make sure that somebody else doesn't do the same thing.”
"(Bentley is) devastated that he shot this guy,” said Joseph Gutheinz, Bentley’s defense attorney. “He never wanted to shoot anybody."
Gutheinz says his client was driving his mom's car to the bank that Tuesday afternoon when he got a message from a fellow member of HPD Explorers, a program for teens and young adults interested in law enforcement, about the manhunt for a suspect after HPD Officers Ronny Cortez and Jose Munoz had been shot in Southwest Houston a short time earlier.
“(Bentley) drives a block, almost gets wiped out by someone going 60 70 miles an hour through a residential neighborhood,” said Gutheinz, referring to Green’s vehicle. “He hears the sirens in background but knows there’s not a line of sight.”
He says Bentley had only planned to call police when Green's car crashed into the fire hydrant and was “totally believing that this guy just shot the two police officers”.
“'(Bentley) never left the car,” said Gutheinz. “(Bentley) points the gun at (Green), says ‘stop’, thinking that the police were gonna be there in a second."
That’s when he says Green ran behind a “metal object” between the two homes, then “turned on him as though he was gonna fire back on him.”
He says that’s when his client fired four shots with a gun kept in the car for protection.
Bentley is out of jail after posting $30,000 bond. No one answered the door at the address listed in court records.
A neighbor tells KHOU he’s seen Bentley out in the neighborhood with a gun before, including one time when he says Bentley walked over to a vacant home he believed was being burglarized.
Dane Schiller, Director of Communications for the Harris County District Attorney’s Office, told KHOU in an emailed statement, “We are evaluating all facts and evidence in the case. It has not been presented to the grand jury. At that time, additional charges or a different charge may be considered.”
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