AG agent, sheriff's deputy still recovering in hospital after shooting

By Rose-Ann Aragon - Reporter, Jacob Rascon - Anchor-Reporter, Joel Eisenbaum - Investigative Reporter, Ryan Korsgard - Reporter, Brittany Jeffers - Reporter

HOUSTON - A Texas Attorney General agent who was shot nine times while trying to serve an arrest warrant on a suspect is recovering Wednesday in the hospital, along with a Harris County Sheriff's Office deputy also wounded in the shooting that resulted in a lengthy standoff.

The AG agents -- Capt. Wes Hensley and Sgt. Mark Rychen -- and Deputy James Robert Smejkal III were shot while they were trying to serve an arrest warrant Tuesday to 25-year-old Daniel Trevino.

Rychen has been released from the hospital.

Hensley, who officials said was shot nine times, is still recovering in the hospital, where he's scheduled to undergo surgery Wednesday night.

Attorney General Ken Paxton visited Hensley Wednesday afternoon.

"I know that all Texans join me in rallying around Capt. Hensley," Texas Attorney General Ken Paxton said. "It was really encouraging for me to just hear their stories and what they went through to survive and really just meeting heroes among us."

Hensley has been with the AG's Office for 15 years, heading up the fugitive apprehension unit, Paxton said.

According to an AG spokesperson, Hensley is facing a long road to recovery but he is in good spirits and is laughing and making jokes with his family. 

"We're grateful that this story ended the way it did ... that the situation with these officers turned out in a way that their recovery is very likely and strong," said AG office spokesman Marc Rylander, who visited Hensley on Wednesday. "His spirits were great. He's surrounded by family. He's surrounded by the wonderful fraternity of his fellow officers and agents, and I'll tell you his path towards healing will be expedited because he has such a great attitude."

Smejkal III was scheduled to undergo surgery Wednesday afternoon.

"It's hard to estimate how long the recovery will be, but so far both are in wonderful spirits and response from our surgeons is very positive," Nathan Deal with Ben Taub Hospital said Wednesday afternoon.

Smejkal's nephew, Mike Neteks, told KPRC2 his uncle was on the way to recovery.

"He is in a lot of pain right now but he is in good spirits," said Neteks. "The bullet is still lodged in his hand, but he will have surgery tomorrow."

Harris County Sheriff Ed Gonzalez visited Smejkal Wednesday.

"We still need everyone's prayers because they are going through sensitive procedures and want to make sure they come out OK," Gonzalez said.

Smejkal is a 28-year veteran of the Harris County Sheriff's Office.

The sheriff said investigators are piecing together a timeline and trying to figure out what gun Trevino used and to whom the weapon belonged.

Shooting suspect dead

The officer-involved shooting was reported about 1:15 p.m. Tuesday while a warrant was being served at a residence at 5013 Hartwick Road in the Mt. Houston area, authorities said.

"The warrant that was being served was violation of a protective order," said HCSO Chief Deputy Edison Toquica.

Investigators said the suspect, Daniel Trevino, opened fire on the officers, who returned fire.

Investigators said one AG agent was shot in the face, torso and ankle, while the second agent was struck in the leg. 

Officials said Trevino claimed to be wounded, but would not come out of the home or negotiate. Trevino repeatedly told negotiators he was ready to surrender, authorities said. SWAT members tried to force Trevino out with gas, and they sent in a robot.

Around 5 p.m., officials said Trevino fired two to three shots after officers deployed a breaching device. Around 6:15 p.m., Trevino was found dead.

"The suspect made the decision to take his life but we did try to negotiate with him for two-and-a-half hours," Toquica said.

"Initially when you get the call, it’s gut-wrenching," Toquica said. "To hear that news, at the time we received the call." 

All three of those who were injured in the shooting were taken to Ben Taub Hospital.

VIDEO: Two officers injured in shooting arrive at hospital

"I think what you saw is pretty typical when an officer is injured in the line of duty.  How agencies all work together to make sure those injured officers and deputies get to emergency medical care as quickly as possible," said Maj. Mike Lee, with the Harris County Sheriff's Office.

Deputies said a Harris County sheriff's deputy on a motorcycle, who was assisting with traffic for the departing ambulance, was injured in an accident nearby. Gonzalez said the deputy in the accident was treated and released later Tuesday night.

"It worked seamlessly today. Unfortunately, we had the one accident occur with the motorcycle officer. And fortunately, he’s gonna be fine," Lee said.

Officials said a second person inside the home was detained and taken in for questioning but is not a suspect in the warrant case.

"I suspect they were just at the house together. Only one of them was a suspect in this case. No warrant for the other guy, no. Don’t have info on suspects’ relationship," Toquica said.

What we know about Trevino

Trevino has a criminal record dating back to 2011 on charges of assault, criminal mischief, theft, possession of marijuana and possession of a firearm by a felon.

PHOTOS: Trevino's previous mugshots

He was most recently charged with aggravated assault of a family member in September. According to court documents, Trevino pointed a gun at a woman whom he was dating and threatened to kill her.

The woman said Trevino told her, "I'll kill you and all your children," according to investigators.

Trevino was released on $40,000 bond on Oct. 31 for that charge. He was scheduled to appear in court Thursday.

WATCH: Daniel Trevino's criminal history

Trevino's charges:

Sept. 20, 2018: Aggravated assault of family member
May 30, 2015: Possession of firearm by felon
March 27, 2015: Possession of marijuana
April 10, 2014: Theft
Oct. 13, 2012: Assault
Sept. 6, 2011: Assault / Criminal mischief

VIDEO: Chief deputy gives updates on shooting that injured 3 officers

Copyright 2018 by KPRC Click2Houston - All rights reserved.