Grand jury clears sheriff's deputy of Dripping
Springs shooting fatality in November 2022
A Hays County deputy will not face criminal charges following a grand jury determination that no guilt was connected to a shooting incident that resulted in the death of a suspect in November 2022.
In a press release on Feb. 16, Hays County Criminal District Attorney Kelly Higgins stated that the grand jury had convened, concluding a review of the Nov. 5, 2022, shooting incident that involved Hays County Deputy Mohmmad Zaqzouq.
According to Higgins, the grand jury did not return an indictment following an examination of evidence and hearing testimony presented in connection to that incident.
Higgins stated that the Texas Rangers conducted the shooting investigation portion of the review prior to submitting evidence before the grand jury. Higgins stated, “A grand jury is composed of twelve citizens from Hays County and serves as an independent voice of the community.”
The Hays County Criminal District Attorney’s Office also presented the results of the investigation, Higgins stated. After hearing the evidence, the grand jury determined that the conduct of the deputies was justified under the law and voted not to indict the deputy for actions taken in November.
Higgins stated that two deputies from the Hays County Sheriff’s Office responded on Nov. 5, 2022, to an address in the 100 block of Victoria Court in the Belterra neighborhood, located in north Hays County between Dripping Springs and Austin. The deputies were called to the scene to investigate a report that an alleged intoxicated driver had crashed a vehicle and was now threatening a tow truck driver a few blocks away.
The release stated that the body-worn cameras of both deputies recorded the shooting and the events leading up to it. The investigation of the situation demonstrated that during a conversation with vehicle owner, Carol James, in the front yard of the residence, the deputies heard a female screaming inside the residence. At this point, the evidence reported stated that Zaqzouq approached the front door to respond. As he approached the door, James reportedly told him,, “He’s got a knife.”
Upon opening the door, Zaqzouq encountered 28-year-old John Samuel File, who was attempting to exit the residence. The releases stated that File then moved toward the deputy, carrying what was reported to be a large knife in his right hand. At this time, Zaqzouq repeatedly shouted for File to show his hands, while at the same time, pulling away from the door and off the residence’s porch. The grand jury heard testimony that after multiple commands from the deputy, File continued to move forward with the knife. In his own defense, Zaqzouq fired his weapon, striking File three times, according to the release.
File died at the scene. In addition, one bullet fired by the deputy struck James, File’s grandmother, in the arm.
Higgins added, “This matter is now closed. We would like to thank the Texas Rangers for their prompt and thorough investigation.”
