Friendswood officer not charged in fatal shooting caught on body cam

FRIENDSWOOD, Texas - Prosecutors say a Friendswood police officer will not face charges in the 2016 fatal shooting of a theft suspect holding a box cutter.

A Galveston County grand jury on Wednesday took no action in the case involving Friendswood police Officer Brad Rusk. Authorities have said Rusk last November responded to a call about a man suspected of stealing beer from a convenience store.

A statement from District Attorney Jack Roady says investigators determined Rusk approached Toby Cummins and ordered him to stop, but the suspect held a box cutter and lunged toward the officer.

Rusk fatally shot Cummins.

Toby Cummins

Autopsy results indicated Cummins, prior to being shot, appeared to have used the box cutter to injure his arm. His blood was on the blade.

The Cummins family was provided with a copy of the video on Wednesday.

[WATCH: Body cam video of Friendswood officer-involved shooting]

They spoke to KPRC by phone from California.

Toby's sister, Stephanie Mosley, contends the officer didn’t need to use deadly force.

“Why didn’t he just use a stun gun? Couldn’t he tackle him to the ground? Toby was unarmed. Even if they say he had a box cutter, you can still stun gun somebody,” she said. “They just killed him. Four shots. They meant to kill him. I just think that it was way over the top.”

The grand jury didn’t agree.

After months of reviewing the video frame by frame, examining physical evidence, and hearing testimony from witnesses, the grand jurors declined to take any action against the officer.


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