April 11, 2013 - Charges have been filed against a suspect arrested in an incident in which two Houston police officers discharged their duty weapons at the suspect at 4700 Allen about 2:30 a.m. on Wednesday (April 10).

The suspect, Xavier Jamal Francis (b/m, DOB: 6-21-88), is charged with aggravated assault against a public servant in the 263rd State District Court. A photo of suspect Francis is attached to this news release.

Officers P. Wyssbrod and D. Murillo, who discharged their duty weapons, were not injured in the incident. Officer Wyssbrod was sworn in as an officer in January 2006 and Officer Murillo in November 2009. Both are assigned to the Eastside Patrol Division.

HPD Homicide Division Sergeant W. Elsbury and Senior Police Officer R. Martinez reported:

Off-duty HPD patrol officers, in full uniform, were working an approved extra job at the Nox Nighclub. A nearby parking lot attendant told officers a gray Dodge Charger and the persons inside were acting suspicious. As the club had recently experienced several vehicle burglaries, officers went to investigate and encountered Francis and another male passenger inside the vehicle. Officers told Francis to either leave the location or go inside the club. Francis and his passenger then drove off.

Francis and at least three other male passengers returned about an hour later and drove slowly through the area with the headlights turned off. As officers attempted to stop the vehicle to conduct an investigation, Francis pointed a pistol at Officer Wyssbord and attempted to run him over. Fearing for his life, Officer Wyssbord fired his duty weapon and struck the vehicle as he narrowly avoided being hit. Fearing for his and his fellow officer's life, Officer Murillo also discharged his duty weapon several times and struck the vehicle but not the suspect. The suspect then fled the scene and the Charger was located abandoned about three blocks north at 1613 Shepherd. Francis was taken into custody with the help of HPD K-9 a short time later.

There is no evidence to suggest anyone in the vehicle was wounded by the gunfire. The other three suspects remain at large.

As is customary in HPD officer-involved shooting incidents in the city limits, this case is being investigated by the HPD Homicide and Internal Affairs Divisions.

VHS/JKS 4-11-13
Inc. #043485213