Grand Jury no bills Mineola policeman in shooting death

By Phil Major
publisher@wood.cm
Posted 5/11/23

A Mineola police officer who shot and killed a shoplifting suspect on the courthouse square in Quitman Dec. 22, 2022 has been no billed by the Wood County Grand Jury.

The Texas Rangers …

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Grand Jury no bills Mineola policeman in shooting death

Posted

A Mineola police officer who shot and killed a shoplifting suspect on the courthouse square in Quitman Dec. 22, 2022 has been no billed by the Wood County Grand Jury.

The Texas Rangers investigative report of the incident obtained through a Freedom of Information request shows that Investigator Tucker George believed he was in danger when he fired seven shots at Robert Van Cleave whose pickup spun out at Hwy. 37 and Hwy. 154 following a high-speed chase from the Walmart in Mineola.

George described for Texas Ranger Stacey McNeal that Van Cleave made pistol-like motions with his hands on the dashboard, reached for something in his vehicle out of George’s view and made additional motions at George while ignoring his commands.

Van Cleave was struck three times, including twice to the chest, and died soon after.

The county grand jury heard the case Feb. 22 and issued no indictments.

Van Cleave’s autopsy revealed the presence of amphetamine and methamphetamine. No weapon was found.

George was the passenger in a Mineola patrol unit operated by Lt. Donivan South that was called to Walmart for a shoplifting suspect.

The following is transcribed from Ranger McNeal’s report from his interview with George:

According to Investigator George, as they were approaching the Wal-Mart parking lot entrance, he observed the reported suspect vehicle which was a single cab Dodge pickup truck. George described how Lieutenant South attempted to utilize the marked Mineola Police Dept. vehicle to block the parking lot entrance/exit.

George advised the suspect vehicle stopped due to the positioning of Lieutenant South’s patrol vehicle. According to George, he exited Lieutenant South’s vehicle and approached the suspect vehicle while giving verbal commands for the driver to display his hands.

George said the driver of the suspect vehicle refused to comply and began to accelerate directly toward George. George stated he believed the suspect was intentionally trying to strike George. He went on to state had he not jumped back into Lieutenant South’s patrol vehicle it was likely the suspect vehicle would have run over George.

According to George, the suspect vehicle exited the Wal-Mart parking lot and fled northbound on Texas State Highway 37 at a high rate of speed. George advised Mineola Police Dept. Officer Joel Moore was passing the Wal-Mart as the suspect fled therefore Officer Moore became the primary patrol vehicle directly behind the suspect vehicle with the vehicle operated by Lieutenant South and occupied by George following directly behind Officer Moore.

Note: The chase was also joined by an unmarked Wood County Sheriff’s Dept. unit operated by Investigator Heather Bailey.

George recalled the weather was deteriorating that afternoon with temperatures below freezing and snow beginning to fall which added to the heightened risk of the suspect vehicle’s actions. George added the volume of traffic on the roadway was increased due to the proximity to Christmas. George stated the suspect vehicle’s speed at times was in excess of 100 miles per hour.

According to George, the suspect vehicle’s actions were extremely reckless, and he recalled the suspect vehicle passing other motorist without proper clearance as the suspect attempted to flee the pursuing officers.

George stated as the pursuit neared Quitman, he requested the Quitman Police Department block the intersection of Texas State Highway 37 and Texas State Highway 154. According to George, he recalled the suspect vehicle’s right rear tire disintegrated; however, the fleeing vehicle refused to stop.

George said prior to entering the Quitman city limits Lieutenant South became the primary unit in the pursuit after overtaking Officer Moore.

George said as the suspect vehicle attempted to turn onto Texas State Highway 154 the suspect vehicle went into a spin  and came to rest on Texas State Highway 154 with the front of the vehicle directed toward the east. He recalled Lieutenant South stopped his patrol vehicle near the front of the suspect vehicle.

George stated he exited Lieutenant South’s vehicle and began approaching the suspect vehicle which was approximately 10 to 15 feet from Lieutenant South’s vehicle. George advised he began issuing verbal commands for the suspect to show his hands.

According to George, the suspect refused to comply. He said the suspect had his clenched hands on the dashboard with the index and middle fingers extended with his thumbs moving up and down as if he were imitating the action of firing a pistol. George stated this action combined with what appeared to be a hostile look on the suspect’s face and his failure to comply with the verbal commands led George to believe the suspect was communicating an intent to cause harm to George.

George said he observed the suspect make a furtive movement with his hands toward the passenger seat of the vehicle. According to George, at that point he was no longer able to observe the suspect’s hands; however, he believed the suspect was possibly retrieving a firearm.

George stated the suspect then opened the driver’s door and began to exit the vehicle. Investigator George said he continued to issue commands for the suspect to raise his hands, but the suspect refused to comply. According to George, as the suspect exited the vehicle, he assumed what George described as an aggressive shooting position and began to extend his hands and arms upward and directly toward George in what was believed to be a pistol firing position.

George said the suspect’s hands were obscured by the door until they were elevated into the “V” which was the area between the door frame and the front pillar of  the suspect vehicle. George stated he believed the suspect was armed with a handgun and was preparing to shoot and kill George. George said he feared the suspect was preparing to shoot him therefore he fired his weapon multiple times at the suspect.

George advised the suspect fell to the ground and Wood County Sheriff’s Office Investigator Heather Bailey placed handcuffs on the suspect. According to George, Investigator Bailey and other officers began assessing the suspect’s injuries and providing medical care.

Note: George’s Investigator title was removed from additional references for space reasons.