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A Whitehouse Police officer is scheduled to return to duty Thursday after a Smith County grand jury declined to indict her in a Nov. 19 accidental shooting.

The injured man was accused of possessing illegal drugs and a weapon when he was detained and accused of burglarizing the residence of an off-duty Longview police officer.

When Officer Debra Daily was searching Benjamin Patrick Stacey, 19, a stolen firearm she was taking out of the waistband of his pants discharged, striking Stacey in the abdomen. 

Stacey was taken to the hospital and treated for his injuries. 

Daily was placed on administrative leave and the Texas Rangers were asked to investigate. 

Whitehouse Police Chief Ed Morris said Daily will return to duty Thursday. 

He said his office has finished a policy review of the incident and the grand jury returned the no-bill on Jan. 28.  

A warrant was issued for Stacey's arrest and he surrendered at the Smith County Jail on Jan. 17. 

According to an arrest warrant affidavit, the Whitehouse Police Department was dispatched to a residence in the 900 block of Peggy Drive where a man was thought to be burglarizing the house. 

When police arrived, an officer with the department reported two men were already in handcuffs, according to the arrest warrant affidavit. 

The arrest warrant affidavit said the men were handcuffed at the house by the off-duty Longview police officer who lived there. 

The arrest warrant affidavit said officers found about 23 grams of what appeared to be marijuana, more than 200 tablets suspected to be Ecstasy and Xanax, about 2.5 grams of suspected methamphetamine, 1.8 grams of suspected cocaine, 3.1 grams of what appeared to be psilocybin mushroom, a set of digital scales and clear baggies commonly used to distribute illegal drugs. 

The document said officers conducted field tests and determined the suspected Ecstasy, meth and cocaine showed positive.  

Officers also determined the .38-caliber revolver in Stacey's possession was stolen in Tyler, according to the arrest warrant affidavit.

Stacey was charged with manufacture and delivery of a controlled substance in penalty group 1 weighing at least 1 gram but less than 4 grams, manufacture and delivery of a controlled substance in penalty group 2 weighing at least 4 grams but less than 400 grams, manufacture and delivery of a controlled substance in penalty group 3-4 weighing less than 28 ounces, possession of marijuana weighing at least 4 ounces but less than 5 pounds, theft of a firearm, and unlawful possession of a firearm, according to Smith County judicial records. 

Stacey's bonds were set at $221,000. A Smith County judge declined to reduce the bonds after a hearing on Jan. 24, according to bond records. 

Stacey bonded out of jail on Feb. 1, according to jail records. 

TWITTER: @LouAnnCampbell 

Crime and Breaking News Reporter

I started working at the Tyler Morning Telegraph in June 2016. I am a retired U.S. Air Force Sr. Master Sergeant. After a 21-year military career, in Security Forces, the military police of the Air Force, I went back to college and studied journalism.

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