A Galveston County grand jury took no action against a police officer who shot and killed a Galveston woman in March, District Attorney Jack Roady said Thursday.
The grand jury in the 212th District Court saw evidence and heard testimony of all witnesses to the shooting, Roady said.
Officer Evan Fraley, who shot and killed Toni Jo Collins, 36, on March 9, will not face more criminal legal action in the case, Roady said.
Grand juries determine whether enough evidence of a crime exists to send a case to trial.
Fraley, a Galveston Police Department officer, was off duty and in plain clothes when he witnessed two people arguing, according to reports.
He approached them and said he saw Collins brandishing a rifle, police said. After a confrontation, Fraley shot Collins once, and she was pronounced dead a short time later, according to police reports.
The rifle Collins was carrying turned to be a BB gun, Roady said. The medical examiner’s toxicology report showed Collins was under the influence of alcohol, cocaine, methamphetamine and marijuana, Roady said.
The district attorney’s announcement provides the most detailed report to date on what witnesses saw that day.
Fraley identified himself as an officer when he stepped out of his vehicle to approach Collins, Fraley and Fraley’s wife told investigators.
He told Collins to drop the weapon, and while she didn’t comply at first, Fraley eventually took the weapon, Roady said.
After a physical confrontation, Collins approached Fraley “in a threatening manner wielding a piece of wood over her shoulder,” Roady said. Fraley fired once, striking Collins in the chest, Roady said.
Victor Mangum, identified at the time as Collins’ boyfriend, told investigators Fraley identified himself as a police officer, Roady said. Mangum also said Fraley and Collins struggled and that Collins had a piece of wood in her hand when Fraley fired the shot, Roady said.
Fraley had been a police officer in Galveston since December 2013, and he had several previous encounters with Collins, Roady said.
The Galveston County Sheriff’s Office led the criminal investigation into the shooting, Roady said.
After Fraley left the Galveston Police Department, officials decided not to start a separate internal affairs investigation into whether Fraley complied with departmental policy in the shooting, police spokesman Capt. Joshua Schirard said.
Fraley now works for the Hutto Police Department, Chief Assistant Criminal District Attorney Jennifer Ott Roth said.