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Posted: 3/12/2005 1:22:48 PM EDT
Suspect Shot by Lawton, Texas Officer Speaks Out

Courtesy of KFDX

Lawton, TX -- It's the story that has a Lawton police officer facing not only the end of his career, but prison time, and the man at the heart of that story is speaking out. We talked with T.J. Robinson today, the man prosecutors believe was shot by Officer Anthony Aguilera almost three weeks ago. His story might help explain why the District Attorney chose to charge Aguilera with assault and battery with a dangerous weapon.
Robinson's story is much different than Aguilera's. Robinson says he was not actually pulled over for DUI, as was stated in Aguilera's police report. He says while he was very intoxicated, Aguilera pulled up behind him while he was using the rest room on the side of the road. Then, once he was detained, Robinson says events unfolded quickly, that came very close to claiming his life.

Robinson says, "I was talking real crazy to him, mouthing off, and I guess he got fed up and came around to show me my lesson I suppose."

T.J. Robinson says Officer Anthony Aguilera's police report is far from the truth, which states a struggle between the two happened after Robinson managed to maneuver his handcuffs in front of him while in the back seat of the patrol car.

Robinson says, "Well he opened up the car door and pulled me out, and then he took off my handcuffs and punched me in the ribs, so I felt my life was in danger. So, I took off."

But, Robinson says he didn't get far before he was first shot by a taser, which did little to stop him, and then shot again, by Aguilera's pistol. "He patted me down and seen I didn`t have no gun, no nothing, no knife, no weapons, not even a stick to defend myself or even harm him with. He followed me and shot me down. It went in here and came out the back," states Robinson.

We asked if the reports that he was shot in the back were not right. "Well, I was running, so therefore I had to have turned around." Robinson says.

But, Robinson admits he's not certain if he was shot in the stomach or back, which investigators are still trying to determine after conflicting reports from doctors. Something that is certain. While he did mention firing his taser, Officer Aguilera`s report did not mention he fired two rounds from his gun. Robinson continues, "The police didn't even think I was shot. They just thought I was hit with a tazer gun, which that's all the officer told them. He only shot the taser gun."

Robinson was facing several charges including DUI, but because prosecutors would need the testimony of Officer Aguilera, the charges are on hold for now.

Four years ago, Officer Aguilera was cleared of wrong doing after shooting and killing an unarmed man. He is now charged with assault and battery with a dangerous weapon. Aguilera could serve up to 10 years in prison if he is convicted.

Link Posted: 3/12/2005 1:25:09 PM EDT
Lawton, Texas Officer Will Go on Trial for Shooting

Courtesy of KFDX

Lawton, TX -- A Lawton police officer will stand trial for shooting an unarmed man during a traffic stop two-and-a-half weeks ago. Things didn't go as they did for Aguilera in another shooting 4- years-ago. In that case, he was cleared of shooting and killing an unarmed man in April, 2001. This time, Officer Aguilera will be prosecuted for assault and battery with a dangerous weapon and that decision could have everything to do with findings by investigators that Aguilera shot an unarmed man after firing off two rounds from his pistol.
As Officer Anthony Aguilera walked into a Comanche County courtroom, opinions on his guilt or innocence were not in short supply. Lawton attorney Dennis Butler says, "We shouldn`t be here. They should have fired him when he shot the first guy."

It's the opinion of Comanche County District Attorney Robert Schulte that has the most impact now, though. And, after reviewing a report from the Oklahoma State Bureau of Investigation, he has determined this case against Aguilera is quite different than the one 4-years-ago.

District Attorney Robert Schulte says once reviewing that OSBI report, it was clear to him that Aguilera should no longer be on active duty, and prosecution is in order.

Schulte states, "We have what we feel to be a lawful stop and arrest by this officer. We believe the evidence will show this officer searched the suspect for weapons. So, he knew this individual had no weapons on him when he broke and ran and fled the scene. The law is clear, you do not use deadly force or potentially deadly force in this circumstance."

Lawton Police Chief Harold Thorne says, "Anything that occurs in the police department and reflects possibly adversely on it, does bother me, as it would anybody."

Just weeks out from his retirement, Lawton Police Chief Harold Thorne says an internal investigation will not come until after Aguilera's possible trial. As far as whether Aguilera is expected to talk before then, Richard Goss with the Oklahoma State Bureau of Investigation states, "He has retained the right to counsel, and his counsel prefers he not speak."

Goss says Aguilera has not talked to investigators from the beginning.

Again, he is charged with assault and battery with a dangerous weapon. A preliminary hearing is set for April 25th at 9am in the Comanche County courthouse. If convicted, he could serve up to 10 years in prison.

The person doing who was shot, Jesse Robinson is now out of the hospital and may be prosecuted later for an alleged DUI. The problem is, prosecutors need Officer Aguilera's testimony to do that. When questioned about reports that Aguilera first fired his taser at Robinson before firing his pistol, District Attorney Schulte said today, "No comment."

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