Pipe scraper

The pipe scraper JD Javier Lane authorities say he was holding when he was fatally shot.

JD Javier Lane, 28, was shot and killed by a U.S. deputy marshal on Jan. 5 at a Victoria intersection. Lane, of Victoria, was shot after he ran from a vehicle stopped by authorities who had obtained an arrest warrant charging him with felon in possession of a firearm. Lane's mother is represented by an Austin attorney, who on Tuesday said she planned to file a federal civil rights and wrongful death lawsuit naming the deputy U.S. marshal as a defendant.

  • Who killed Lane: For months after the shooting, authorities were silent on many details, including the name of the law enforcement officer who killed Lane. On Monday, Victoria County District Attorney Constance Filley Johnson revealed many details, including the name of the officer. That officer was Deputy U.S. Marshal Max Hernandez, who was working as a member of the Gulf Coast Violent Offenders Task Force. Among other duties, that task force assists local law enforcement with apprehending suspects who have been deemed armed and dangerous
  • Why authorities were seeking Lane: On Monday, Filley Johnson revealed circumstances from the night before Lane's death that resulted in police obtaining an arrest warrant charging Lane with felon in possession of a firearm. Authorities interviewed witnesses and received 911 calls that led them to suspect Lane was involved in two robberies and an assault in Victoria on the night of Jan. 4. In one of those robberies, a man arriving home from work was robbed at gunpoint by three men. Minutes later, a man walking to H-E-B to buy milk was robbed and beaten by three men. The man was pistol whipped and suffered a large cut to his scalp. He was taken to Citizens Medical Center for treatment. About an hour and half later, a 911 caller reported men were shooting guns in front of their house. And about midnight, another 911 caller said Lane, whom the caller identified by name, had come to their apartment with guns and beaten their boyfriend. Many of the witnesses and callers said they had seen three men with a small pistol driving a small black SUV. Police located a small black SUV with a black T-shirt covering its license plate in the early morning hours of Jan. 5. The SUV's owner further corroborated information from the witnesses and callers.
  • Are there videos of the shooting: There are at least several videos from the day of the shooting, according to authorities and the attorney representing Lane's mother. The Victoria Advocate has filed information requests for the videos. Typically, public information requests can be blocked while investigations are ongoing, but Filley Johnson said her office will not pursue criminal charges against Hernandez after a grand jury found the shooting to be justified. The attorney representing Lane's mother said she has viewed video camera footage from a nearby church that showed the shooting.
  • Did Lane have a weapon: Lane was unarmed at the time of the shooting, but he was carrying a metallic pipe scraper when he ran from the vehicle stopped by authorities, Filley Johnson said publicly for the first time Monday. Hernandez thought the pipe scraper was a pistol and shot him to protect the immediate public. The location in which the shooting occurred is near a day care, church and busy intersection. Two people who said they were robbed the night before the shooting by a man with a small silver pistol.
  • What's next: The attorney representing Lane's mother said she plans to file a federal civil rights and wrongful death lawsuit. The attorney in March filed a petition in federal court requesting the deposition of a Texas Ranger attached to the shooting's investigation. Filley Johnson said she will not present a case to a grand jury for a criminal indictment for Lane, saying the April grand jury finding offers Hernandez a legal defense against prosecution.
Authorities obtained an arrest warrant for JD Javier Lane after two robberies were reported the night before.This timeline was provided by the Victoria County District Attorney's Office.

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