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Suspect Says Officer's Killing Was Accidental

POSTED: Tuesday, December 9, 2008
UPDATED: 4:31 pm CST December 9, 2008

A man accused of killing a Houston police officer gave an explanation for the shooting that conflicted with what witnesses said they saw, officials told KPRC Local 2 Tuesday.


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  • Document: Certificate Of Disposition: Mabry Joseph Landor
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    Houston police said Officer Timothy Abernethy, 43, stopped Mabry Landor III on suspicion of a traffic violation in the 5800 block of Sunforest Drive near West Tidwell Road at about 8:45 a.m. Sunday.

    Detectives said Landor got out of an SUV and ran though the Luxor Park Apartments and fatally shot Abernethy.

    During a court appearance on Tuesday, prosecutors said Landor told detectives that the shooting was accidental.

    "He said he tripped and fell and the gun went off," prosecutor Craig Goodhart said.

    Prosecutors told a judge that Abernethy was shot at least four times.

    Witnesses told investigators that they saw Landor run around a corner wait for Abernethy. Witnesses said Landor stood over Abernethy and shot him again. Landor then calmly walked back to his SUV and left, witnesses said.

    Willie Fleming said he at Abernethy's side seconds after the shooting.

    "One of the ways I'm working with that image is to remember the image of a courageous man," Fleming said. "A courageous man who didn't have a second to say goodbye to his family."

    Landor, 28, has been charged with capital murder. Prosecutors have not said if they plan to seek the death penalty if he is convicted.

    Landor has a lengthy criminal history and was on parole at the time of the shooting. He had a gun with him during the traffic stop, which, if Abernethy had found it, would have been a parole violation.

    Friends, Family, Colleagues, Community To Say Goodbye

    A flashlight vigil will be held at 6:30 p.m. Tuesday at the spot where Abernethy was killed.

    Abernethy's funeral arrangements have been made.

    A visitation will be held at the Klein Champion Funeral Home, 16131 Champions Forest Drive, from 9 a.m. to 9 p.m. on Thursday.

    His funeral will be held at Champion Forest Baptist Church, 15555 Stuebner Airline Road, at 11 a.m. Friday.

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