HOUSTON – The death of a man who was shot and killed by bounty hunters in northeast Houston Wednesday night is raising questions on the rules that apply when it comes to what those - who are not the typical law enforcement officers recognized by the public - can and can’t do while trying to apprehend a suspect.
Some people are raising red flags after video surfaced on social media allegedly showing the fatal shooting of Walter Hutchins, 31, seconds after he got into his car.
The shooting happened around 10:30 p.m. Wednesday in the 3400 block of Liberty Road.
According to a Houston Police Department lieutenant at the scene, a group of men, who identified themselves to police as bounty hunters, were attempting to execute a warrant when things took a dangerous turn. It was four of them, and investigators said they work for an insurance company that funds private bail bond companies.
Hutchins was their target.
[WATCH: HPD lieutenant describes shooting incident]
“They were here looking for an individual that they did spot. They found him over here inside of a vehicle. They approached the individual; the guy that was sitting in the car,” said Lt. R. Willkens, HPD.
Willkens said the bounty hunters initially reported that Hutchins fired at them first.
“When they approached, this individual shot numerous times from inside his vehicle out toward these investigators. One of the investigators fired a rifle only a couple of times, which struck this male and grazed him across the top of the head,” Willkens said. “Our suspect backed up, crashed into a wall. Officers heard the shots, they were close in the area. They came and gave first aid immediately to our gunshot victim and secured the scene.”
Hutchins was rushed in critical condition to the hospital, where he later died.
The lieutenant said Hutchins had several warrants out of Harris County.
“I think he had some credit card abuse, a couple of family violence and I think maybe a burglary or something like that,” he said.
He also said the bounty hunters identified themselves.
“They are private investigators, from what they are telling us. They had vests, and they have placards and they have badges so they were identifying themselves before the shooting occurred,” he explained.
Video circulating on social media, however, has some questioning if that was the case. After looking closely at the video posted by Rap-A-Lot Records founder and CEO, James Prince, many say they never saw Hutchins fire at anyone and the bounty hunters were the only ones shooting.
“You should never run up on a person like this in plain clothes and no police cars at night. Y’all never gave him a chance to know who you were without gunning him down first,” part of Prince’s post read.
Hutchins was a very well known and beloved member in the entertainment community, with many celebrities like Slim Thug, Bun B and Trae tha Truth expressing disbelief and condolences on social media.
“They murdered my friend. I’ve heard of bounty hunters before. I would think that they had a million dollar bounty on Walter’s head and they were going to split the money the way they shot him,” a friend of Hutchins, who wishes to remain anonymous, told KPRC 2.
Commenters from KPRC 2′s original article also sounded off, sharing links to the video, with some saying it appeared the bounty hunters were out of line.
So, did they go too far?
“They have the ability to arrest a fugitive, they do not have carte blanche to become ‘Dirty Harry’ to use force or deadly force where the law doesn’t permit it,” said KPRC 2 Legal Analyst Brian Wice.
No charges have been filed at this time.
What rules are associated with bounty hunting?
In the State of Texas, bounty hunters — who can be referred to as a bail enforcement agents, recovery agents, or fugitive recovery agents, among many other names — are limited by state law to peace officers, individuals licensed as private investigators or the manager of a licensed investigations company, or a commissioned security officer employed by a licensed guard company.
Bounty hunters in Texas must follow a number of strict rules and regulations. For instance, they may not present themselves as a law enforcement agent - or display a badge that contains the word “law enforcement” - nor connect themselves to the government in any way while bounty hunting. This is a serious offense and considered a criminal act. Bounty hunters in Texas also may not enter a residence without consent and must take criminals directly to the appropriate jail once they have been captured.
In particular, the Texas Department of Public Safety notes:
(a) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety may not:
1. Enter a residence without the consent of the occupants;
2. Execute the capias or warrant without written authorization from the surety;
3. Wear, carry, or display any uniform, badge, shield, or other insignia or emblem that implies that the private investigator is an employee, officer, or agent of the federal government, the state, or a political subdivision of the state; or
4. Notwithstanding Section 9.51, Penal Code, use deadly force.
Bounty hunters in the US are reported to apprehend approximately 30,000 or around 90 percent of bail jumpers, but over the years there have been many cases where they didn’t follow the rules and were charged with crimes such as robbery, assault, kidnapping, impersonating an officer and murder.
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