An FBI agent who shot and killed a Robinson man in July while serving a federal search warrant acted in self-defense and committed no criminal wrongdoing, a McLennan County grand jury determined.
McLennan County First Assistant District Attorney Nelson Barnes said he presented the fatal shooting case to a grand jury in mid-December. The grand jury took no action, in essence clearing the agent in the July 25 shooting death of Joshua Steven Mitchell at his home at 780 E. Stegall Drive, Barnes said.
“The agent clearly acted in defense of himself and the other agents who would have been in the line of fire,” Barnes said. “Mr. Mitchell had multiple weapons next to him and he reached for one, putting the agents in danger.”
The FBI has not identified the agents involved in the incident.
FBI officials marked the reports in the case “classified,” Barnes said, adding he had to return the file to FBI officials in San Antonio after he presented the case to the grand jury.
Barnes said there was no footage from body cameras submitted with the reports, but multiple photographs of the scene showed the 44-year-old Mitchell in close proximity to multiple weapons when confronted by the agents.
Michelle Lee, FBI spokeswoman in San Antonio, said Wednesday she was unaware the shooting case had been presented to a grand jury. She declined additional comment.
Autopsy reports show that FBI agents raiding the home, which Mitchell shared with a woman and her 7-year-old son, shot Mitchell four times in the head and neck and once in the arm as they attempted to serve the search warrant.
Federal authorities said at the time that Mitchell posed a threat to the agents and that led to his death.
After the shooting, agents seized at least 109 items from Mitchell’s home, garage and storage sheds, including numerous pistols, rifles and shotguns, ammunition, muzzle flash suppressors, cameras and related photo equipment, computers, iPads and cellphones, according to a receipt for property returned to the court of U.S. Magistrate Jeffrey C. Manske, who issued the warrant.
Also, the records reveal agents seized a black wallet with a Civil Defense Agency agent badge and three CDA contractor ID cards. They also found two Capital One Mastercards and one Capital One Visa card under the name “Giosue Michell” and another CDA card with the alias “Gissue Michel.” They also seized bank and financial information with a Hubbard address listed to Michael Paul Brooks, according to inventory lists.
In an affidavit to seek the search warrant, the FBI told the judge they were seeking firearms, magazines, firearm attachments, including silencers, ammunition and gun parts; receipts or other documents related to “the purchase or sale of firearms, the registration of firearms or other firearms transactions, or which identify persons who previously owned or possessed firearms, or which reflect profits from the sale of firearms.”
The application contains photos and blueprints of the East Stegall residence and detailed descriptions of the home and out buildings.
The FBI also was searching for “items involved in the manufacturing and/or modifying of firearms, firearm parts, including but not limited to, lower receivers, upper receivers, grips, stocks, magazines, trigger assemblies and barrels for AR-15-style firearms, AR-15 blanks” and machine guns or machine gun parts, silencers and other items used in the manufacture of modification of firearms and silencers.
Also, agents sought “any documents, materials, identification cards, passports or other personally identifying information with false or alias names, or appearing to be used for attribution to any department, agency or law enforcement bureau under the authority of the United States of America.”
Child Protective Services reports related to the family state Mitchell was wearing body armor and a helmet when agents arrived at the home at about 6 a.m. Reports show Mitchell was killed at about 6:45 a.m.
Before the confrontation with Mitchell, agents removed a woman, Clara Santos, who was in a relationship with Mitchell, along with her 7-year-old son, the report states.
After the shooting, CPS caseworkers interviewed the boy, who told authorities the family had numerous guns, and Mitchell “had ‘secrets that he could not tell,’ ” the documents state.