‘Why did he shoot me?’: Emotional testimony opens trial against man accused of shooting Brazos Co. officers

KBTX News 3 at Ten(Recurring)
Published: Oct. 29, 2024 at 9:25 PM CDT

BRAZOS COUNTY, Texas (KBTX) - The trial for the State of Texas versus Joshua Herrin officially began Tuesday morning. Herrin is accused of injuring two officers, stealing two vehicles, and leading Brazos County authorities on a manhunt lasting more than 12 hours in December 2022.

Jury selections made in trial for man accused of 2022 shooting of 2 Brazos Co. officers

During the half-day event, a Bryan officer and a Brazos County deputy were shot. Ultimately, Herrin was arrested in the Benchley area after another shootout with police where he sustained a gunshot wound to the head.

Opening statements

Herrin was present in the 361st District Court as his trial began Tuesday morning with opening statements. The state, which is bringing charges against Herrin, began by painting a picture to the jury of what happened on December 29, 2022, when a Bryan police officer attempted to make a traffic stop.

The defense team for Herrin opted out of making an opening statement.

Taking the witness stand

During the first official day of trial, attorneys detailed Herrin evading police before he reportedly shot the Bryan officer twice during a foot chase. They also highlighted the other roles that day, many of whom appeared to take the witness stand.

Officer Najee Watson with Bryan PD was injured on December 29, 2022, when he was shot twice; once in the arm and once in the thigh. The jury learned how one of those bullets missed a vital artery by one millimeter, according to Watson.

The state began the witness phase with a Brazos County 911 operator who was also Watson’s fiancé at the time of the shooting, now his wife.

She detailed her responsibilities that night as being assigned to Bryan Fire and EMS. But could hear other scanners around including Bryan Police Department‘s (BPD) channel. She was able to identify her fiancé’s voice over the scanner when he told them shots had been fired and Watson was applying a tourniquet. The dispatcher, who described being filled with anxiety and fear, was now tasked with sending an ambulance to her fiancé who was potentially bleeding out. Once EMS was on scene, the dispatcher said she stood up to collect herself and collapsed.

The defense didn’t have any questions for this witness.

Next were the neighbors who responded to Watson’s aide after seeing a man with a gun outside their home. The husband and wife described being home with their eight children at the time.

The husband, a chiropractor, testified to applying tourniquets to Watson’s leg to assist the bleeding until backup arrived. The defense asked the wife if she saw who the man with a gun was, she responded no but could tell it was a lighter complexion male.

Approaching the stand next was the first Bryan Police Officer on the scene that night was then brought to the stand. Currently, he is cited to be working on ‘vice-led’ crimes. This term means crimes dealing with drugs, prostitution, gambling, alcohol, and more. At this point, the jury was shown a body-worn camera video from this officer that night. The officer appeared to get a bit choked up when speaking about finding his fellow officer, who he described as a good friend, in that state.

In turn, the defense asked the officer if, from his knowledge, a person using methamphetamine can act differently, often frantic and erratic. The officer agreed this was accurate.

Two men took the stand next: One claiming to be a former employer of Herrin’s, and the other a friend. They testified the vehicle and guns located in Herrin’s possession that day were theirs. The guns had been taken without permission of the owner, but the truck was driven by Herrin with his permission when Watson attempted the traffic stop, the men said.

The state later called another dispatcher, identified as a director. She described the confusion that evening inside the dispatch center surrounding the difficulty locating Watson after he was injured. They used coordinates from Watson’s vehicle to attempt to locate him then realized what he was telling them over the scanner didn’t match the movement of his patrol unit. This is when they and Watson discovered the unit was stolen.

The defense passed on questions.

Officer Watson takes the witness stand

After a break for lunch, Watson took the stand himself.

A BPD officer at the time, Watson has continued his work in law enforcement for nine years and currently lives in Maryland. At one point, showing the jury his bullet wound, the officer described the moment he realized he was shot and turned from attempting to detain the suspect to making sure he stayed alive.

A crowd of Bryan police personnel, county employees, and more gathered for this testimony. The gallery and the jury were shown a video from Watson’s body-worn camera. This became an emotional moment for those in uniform in the room as they watched Watson with a panicked voice and slow breathing attempt to put on his own tourniquet and lay in the grass waiting for help.

This happened in a mostly quiet neighborhood, but sirens could be heard getting closer in the background. Reviewing the footage, police lights could be seen through the trees as the responding officers struggled to locate Watson.

Witness testimony from guarding officer

Another witness called to the stand was another BPD officer who was assigned to help guard Herrin as he spent time in the hospital in Temple. This was for head wounds sustained when Herrin was shot by police during their manhunt.

The officer was assigned to overnight watch from 8 p.m. to 8 a.m. with another officer. He testified how at one point during his watch, Herrin spoke about what happened, so they read him his Miranda rights and warned him against saying anything more.

Herrin allegedly continued talking, asking the officer why Watson attempted to pull him over. The officer described leaving the room and calling Watson on his cell phone. Watson confirmed to this officer that the traffic stop was triggered by a brake light that was out.

The officer said he asked Watson if he had any questions for Herrin and he said, ‘why did he shoot me?’ The officer relayed Watson’s answer and question back to Herrin who told the officer it was because his license was suspended.

The defense team took over questioning and asked this officer if Herrin started talking on his own will. The officer replied yes, adding that Herrin indicated he intended to shoot Watson in the chest, hoping to hit a bullet-proof vest. Herrin told the officer he didn’t try to kill Watson and asked how Watson was doing.

When showing the video caught on dash camera video from Watson‘s patrol unit, a person returns to the car after shots ring out and drives off. The driver is then heard saying, “I just killed a [expletive] cop. Oh, goddamn I just killed a [expletive] cop. Oh god.”

Herrin pleaded not guilty at the start of Tuesday morning. This trial is expected to last throughout the week and potentially trail along into next week. Herrin is facing up to 99 years in prison.