LUBBOCK, TX (KCBD) - A police report filed the night before the deadly shooting that took the life of a Texas Tech police officer says accused shooter Hollis Daniels threatened to kill the person he allegedly stole the gun from.
The police report says an officer was dispatched to the 3400 block of 28th street for a disturbance on October 9, 2017 at approximately 1:12 a.m. The dispatcher told the officer the disturbance was over the theft of a firearm. The suspect was upset about the accusation and was returning to the residence. Before the officer arrived, the suspect left the residence in a silver BMW SUV.
Another officer pulled the suspect over, identified in the police report as Hollis "Reid" Daniels, in the 3300 block of 19th Street.
The report says the officer searched Daniels' person and found him to be unarmed. He told the officer he just got into an argument with one of his friends and he thought he dropped his cell phone so he returned to find it.
The officer then told Daniels the reason he was stopped and asked if there were any firearms inside of his vehicle. Daniels said no. The officer asked for consent to search his vehicle and Daniels refused.
The victim at the house told officers Daniels was caught by another person coming out of a bedroom at the house on 28th Street around 3 p.m. After learning about the theft, the victim went into his bedroom and noticed his firearm was missing around 12:30 a.m. He told officers he called Daniels and asked him about the missing gun and Daniels told him he was on his way back to the house.
The report says Daniels denied stealing the gun. He told the victim "if he would have stolen the firearm he would have already shot him with it." The report goes on to say Daniels told the victim that "he didn't fight fair and if a fight ensued he would kill him." The victim said that is when Daniels reached for his waistband. The victim struck Daniels in the face and ran into the house. The victim said Daniels left and came back a short time later and began pacing in the front yard and looking through his vehicle. That is when the victim called police.
Because of the statements from the victim and witnesses, Daniels was issued a criminal trespass warning and released from the traffic stop.
Police determined that they did not have probable cause to search the car.
Stevens defended the actions of his officers at a news conference on Thursday, explaining that "they're faced with the circumstance of whether or not to search this vehicle. They asked for consent and that was refused. They entertained whether or not they had enough to search it without that consent and they did not."
"There was not enough probable cause to search it on its own nor to get a warrant for the vehicle. They thought their might be perhaps even drugs in the vehicle. They looked into whether or not a drug dog was available to come and sniff the vehicle and there was not one available."
"They looked at a few avenues - ultimately, it would have been unconstitutional for the officers to search the vehicle. There was no arrestable charge. There was nothing to hold the individual on at that time so they released him."
"I want to be very clear on that, there is no criticism to be had of the officers at that time. They wrote their report and went on to the next calls."
Later that day, Texas Tech police received a call about a person with a weapon behaving erratically. This call prompted the welfare check that led to Daniels' arrest and the death of TTPD Officer Floyd East, Jr.
Sources say Texas Tech Police Department officers who went into Daniels' dorm room found drugs, marijuana and Xanax, and drug paraphernalia.
On top of the capital murder charge, Daniels is now facing federal gun charges. A federal grand jury charged him with possession of a stolen firearm on Wednesday.