A judge is considering reducing the bond set for a Whitehouse man who was shot by a stolen gun in his possession after he was detained by an off-duty Longview police officer and searched by a Whitehouse police officer on Nov. 19.
Benjamin Patrick Stacey, 19, turned himself into the Smith County Sheriff's Office on Jan. 18 after he was released from a hospital following treatment for his injures. His bonds were set at $296,000.
Stacey appeared in court Thursday with his defense attorney.
His attorney asked the court to reduce the bonds to about $50,000 or $60,000.
His father, Pat Stacey, testified the $296,000 bond would be hard for the family to post.
The state argued the bonds should stay at $296,000 due to the Staceys' income and their assets, which the elder Stacey told the state totaled more than $750,000.
Stacey's father told the court his son had been in counseling prior to going to jail and was responding well.
He also said Benjamin would live in the family's house, his liberties would be restricted and he would encourage his son to get a job, which he said would add more structure to his son's daily routine.
Stacey's defense attorney asked the court to consider his client's cooperation and voluntary surrender.
Stacey was wanted on drug and weapon charges after he was found in possession of illegal drugs and weapons when he was detained and accused of burglarizing a residence in the 900 block of Peggy Drive, according to an arrest warrant affidavit obtained from the Smith County Courthouse.
The document said the Whitehouse Police Department was dispatched to the residence of an off-duty police officer from the Longview Police Department.
When police arrived on scene, an officer with the Whitehouse Police Department reported two men were already in handcuffs, according to the arrest warrant affidavit.
The arrest warrant affidavit said the Whitehouse officer found a pistol in the waistband of Stacey’s pants during a search.
The gun went off, striking Stacey in the abdomen area when the officer was retrieving the gun from the waistband of Stacey’s pants, according to the document.
Stacey was taken to the hospital and treated for his injuries.
The arrest warrant affidavit said officers located ammunition for the stolen .38 caliber pistol and four types of controlled substances in a backpack.
The Whitehouse Police Department called on the Texas Rangers to investigate the arrest and shooting.
The Whitehouse police officer is reported to be on administrative leave.