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HPD: Officer shoots, kills man during altercation on Christmas

by Larry Seward & Gabe Gutierrez / KHOU 11 News

khou.com

Posted on December 26, 2011 at 11:57 AM

Updated Monday, Dec 26 at 7:06 PM

HOUSTON -  A car crash led to a bizarre fight and deadly shooting involving an officer Christmas night, police said.
It happened in the 9300 block of Tidwell outside the Lakecrest Village Apartment complex in northeast Houston. The circumstances surrounding the shooting depend on whom you ask.
Police claim the suspect was resisting arrest and the officer feared for his life. Some witnesses claimed he overreacted.
“Everybody was like,  ‘He didn’t have to shoot him,’” said Tasha Gray, a witness. 
Just before 11 p.m. an officer leaving the complex on another call noticed a Camaro speeding east on Tidwell near Mesa Road.  The Camaro then hit another car and crashed into a ditch.  The impact woke people in apartments across the street.
They saw an officer talking with the Camaro’s driver. Police said the man was walking away and refused to stop until the officer pulled his gun. As the two men walked toward a patrol car, something went wrong.
“At one point, the officer found himself on his back on the ground with the suspect directly over him,” said Kese Smith, an HPD spokesman. “That suspect then reached for the officer and the officer, fearing for his safety, fired.”
Some witnesses believe the officer had other options.
 “It wasn’t no fighting,” said Anedra Duncan, a witness. “They didn’t fight. The (suspect) was going toward (the officer) like he wanted help or something. (The officer) shot and the man fell on (the officer) then fell down. They both fell down. (The officer) was still shooting.”
The driver's relatives have identified him as Blake Pate, 23.
"He was one of the hardest working guys I'd ever known," said Eric Jones, his nephew. "Then, all of a sudden, this morning, we get the call that he's gone and I don't -- I really don't know how to handle it."
Pate's relatives said he'd moved to Pearland from Arkansas about a year ago and was helping run the family's furniture repair business. They said he'd been out on Christmas night attempting to reconcile with his brother, whose home he never reached.
"I'm sure he wasn't in his right state of mind, but I definitely don't think he would try to go against the cop," said Miles Jones, another nephew.
Now, it's up to the district attorney and the police department's internal affairs division to decide whether the officer acted appropriately. 
"There seems to be a lot of pieces missing and I would really like to know exactly what happened out there," Eric Jones said. "Because for them to say my uncle tried to fight a cop who had his weapon drawn -- he wasn't a moron."
Police said the officer involved had more than 13 years of experience. He'll be on administrative leave for three days pending an internal investigation.

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