Pubdate: Wed, 21 Feb 2007 Source: Victoria Advocate (TX) Copyright: 2007 Victoria Advocate Publishing Company Contact: http://www.thevictoriaadvocate.com Details: http://www.mapinc.org/media/671 Author: Barry Halvorson, Victoria Advocate, 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. - --- MAP posted-by: Beth Wehrman