WHARTON DA SAYS TEEN HAD KNIFE

WHARTON - The continuing investigation into the shooting death of
Daniel Castillo Jr. indicates the 17-year-old was armed with a
lock-blade knife and posed a threat to police officer Don Falks,
according to a news release from the district attorney's office.

District Attorney Josh McCown also said Falks has never previously
been investigated for use of force.

"After the shooting occurred (Feb. 13), the evidence collected at the
autopsy and at the shooting scene indicates that Daniel Castillo Jr.
and officer Don Falks were facing each other," McCown wrote in a news
release issued Tuesday afternoon. "The knife was found in close
proximity to Castillo and indications from the evidence are that he
was in possession of a lock-blade knife and intended to use it
against the officer."

A Texas Department of Public Safety Crime Lab team recovered the
knife during the processing of the shooting scene, according to the
news release. In a phone interview Tuesday, McCown described the
knife blade as being 4 to 5 inches in length.

"I haven't seen it in person but I have seen the photos," he said.
"Forensically, there are still some things they have to do - check
for fibers, DNA and fingerprints - so we haven't opened it yet. We
don't know if it was a switchblade or a gravity blade."

The district attorney added said there were reasons for delaying the
release of the knife information.

"First, we didn't want any of the witnesses to read about it and
adapt their story," he said. "And we couldn't interview the officer
until Friday. In a case like this, the police officer's union
provides an attorney and the attorney assigned was not available
until then because of other commitments."

The news release also states that at the request of the Texas
Rangers, DPS Safety Training Academy Commander Albert Rodriguez, a
recognized expert in the use of force, was brought in to further
investigate the incident.

In a previous news release, McCown wrote the preliminary autopsy
report prepared by the Galveston County Medical Examiner's Office
stated Castillo died from a single gunshot wound. The release did not
indicate where Castillo had been hit by the shot.

"From the evidence at the scene, we were able to determine where the
people were in relation to each other," McCown said. "From the
autopsy we already knew that it was a straight-on shot and from close
proximity. But other aspects are still being investigated, such as
where the knife was in relation to the body."

Since the shooting, Castillo's family has maintained there were no
drugs in the home and that the teen was unarmed.

Tuesday's release is the second in which the district attorney's
office is contradicting the family's version of events.

In a news release issued on Friday, McCown wrote following the
processing of the shooting scene by Texas Rangers, the crime lab and
a DPS laser recreation team, a DPS narcotics team was brought to the
scene to complete the narcotics search and found 18.66 grams of
cocaine, a quantity of marijuana and drug paraphernalia.

McCown's original news release of the incident stated Castillo was
shot and killed while law enforcement officers were executing a
search warrant at his home at 1409 Sunset St. around 9:30 a.m. on Feb. 13.

During a news conference following Castillo's burial on Friday, the
family said he was shot in the face just under the right eye and the
officers executing the warrant forced open the door and failed to
identify themselves as peace officers or provide the family with a
copy of the warrant.

Family members also stated during their news conference that Falks
was known in the community as "the Terminator" and had a reputation
for frequently stopping youth.

Police Capt. Richard Coleman said in a phone interview on Tuesday
that he was unaware of such a nickname for the officer. Wharton
Spectator-Journal reporter Benjamin Sharp said on Tuesday the name
did come up during a recent feature he wrote about Falks but was
offered in a respectful way.

"It sounded like it was given to him for being a tough, professional
police officer," Sharp said. "It seemed to be based on how he handled
himself while in uniform. I included it in the story and no one
contacted me to refute it."

McCown said that both men were correct.

"It is my understanding that it isn't used in the law enforcement
community but came from the thugs on the street," McCown said. "I
think it is in part because when he's on duty he resembles the Arnold
Schwarzenegger character in that he's a little stiff and kind of
walks with a fast, robotic pace. And he's a no nonsense guy about law
enforcement. But we've also had no incidents before this where use of
force was an issue."

The district attorney repeated Tuesday his office and the Texas
Rangers are handling the local investigation into the shooting.

During their news conference Friday, the family said with the help of
LULAC officials they had requested the FBI also investigate it.

McCown confirmed on Monday that the FBI was looking into the matter.

"They contacted us and we're working in full cooperation with them,"
McCown said. "All the information and evidence is available to them
for inspection. I want this investigation to be as thorough as possible."

At the end of Tuesday's release, McCown repeated that the Texas
Rangers' investigation into the shooting is on going and that the
results would be presented to the Wharton County grand jury.

"The grand jury will make a determination on the legality of the shooting.