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June 01, 2007
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Houston officer cleared in traffic stop shooting

Grand jury declines to indict officer

The Associated Press

HOUSTON — A grand jury on Thursday declined to indict a Houston police officer who had been accused of fatally shooting a man witnesses claimed was handcuffed at the time.

Houston police Officer Leonard D. Smith shot and killed Robert B. McIntosh of Houston during a traffic stop in January.

Police say McIntosh, 23, who was a passenger in the car and fled the scene, was shot after fighting with Smith, breaking his thumb and shooting him with his police Taser. McIntosh, on probation for robbery, had cocaine, PCP and marijuana on him during the traffic stop, police said.

Three witnesses claimed McIntosh was handcuffed before he was shot, buHopust two later recanted their statements, police said.

A total of 13 other witnesses confirmed all or parts of Smith's account of the incident, police said.

"The death of Mr. McIntosh is unfortunate, but the facts are that he violently resisted arrest," Houston police said in a statement.

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