He was arrested and initially charged with two counts of aggravated assault but last week a Fort Bend County “pick-a-pal” grand jury “no-billed” Kyle Barnhill, thus dismissing all charges against the accused murderer of 29-year old Calvin Wade “Bubba” Garrett and another individual whose name has not been reported by available media accounts.
On May 24th, 2015 the Fort Bend County Sheriff’s office issued a press release describing the Sheriff’s Deputies response to reports of stabbings in the 14000 block of Willie Melton in Kendleton at around 1:30 AM on Sunday, 5/24/2015:
“Subsequent investigation revealed that two male victims, ages 34 and 29, were stabbed during an altercation over loud music playing following a Memorial Day BBQ at their residence. The first victim (age 34) was treated at a Katy area Hospital and released with non –life threatening wounds to the leg.
The second victim (age 29) was transported via private vehicle by the suspect to an Emergency Care Facility in Sugar Land and was then transported via Life Flight to the Medical Center, where he remains in critical condition as of the time of this Press Release.
The suspect, Kyle Barnhill, was detained with the assistance of the Sugar Land Police Department and ultimately arrested. Barnhill is currently in custody at the Fort Bend County Jail for two counts of Aggravated Assault with No Bond set as of this time.
After Garrett later died of his wounds, one of the two aggravated assault charges against Barnhill was upgraded to murder.
The gofundme account of Garrett describes him as a 29-year old pipeliner who was stabbed in the chest and neck—which resulted in a cut to a major artery —in the early morning of May 24, 2015.
However, after an investigation by the Fort Bend Sheriff’s Office and the Fort Bend District Attorney’s Office showed evidence that Barnhill acted in self-defense because he believed that serious bodily injury or death was imminent, a Fort Bend County grand jury “no-billed” Barnhill, thus dismissing the charges against him.
Sources within the County are skeptical of the self-defense claim, wondering how Barnhill’s grabbing a knife as he left his trailer to confront a few people playing loud music over a Memorial Day weekend BBQ qualifies as self-defense.
Especially when you look at his photo:
Source: Fort Bend Star
But there’s no doubt about the grand jury foreman who signed the form:
That’s the signature of Missouri City Mayor Allen Owen serving as grand jury foreman in fellow Missouri City resident Judge James Shoemake’s 434th Judicial Court.
UPDATE:
Calvin Wade Garrett was legally blind?
From Garrett’s gofundme page:
“He was going blind but that never stopped him from doing anything…”
Reminds me of leaving a trail of crumbs from the cookie jar, of which you claim doesn’t even exist.
How the hell do murder charges get dropped when you stabbed two people? And have done it before also! The D.A must be incompetent.
I’m Calvin’s Mom as a mother I’m devastated and heartbroke as a citizen I’m in outraged as the ones we teach our children to respect to go to them for help are the very ones that stood up for THE CRIMINAL it’s truly sickening :’-(
Ms. Garrett –My sympathy on the loss of your son. I hope you find peace, and that his soul is at peace. Please don’t read the rest of this post, as it does not address your loss, or your pain, or what “should” have happened.
This is to the writer of this article.
There are some real problems with this story as written. The outcome has little to do with what the writer seems pleased to call the “pick a pal” system of choosing grand jurors. Here’s why:
A “true bill” requires that nine out of the twelve grand jurors vote to indict the accused. This story implies that the foreman was responsible for the vote that failed to return an indictment. Wrong. The story also implies that the case is tried in the grand jury room. Wrong again. The story further implies that a true bill or a no bill is a finding of guilt or innocence. Wrong again.
The foreman is one vote among twelve. If only nine people appear to hear the case on a given day, it only takes one person against to prevent a nine vote in favor of a true bill. But if all twelve were present for the case, at least four people did not vote to true bill.
And what is a “no bill?” It is a message that there is not enough to keep the case moving through the system to trial. A defense is considered in that. True bills and no bills are NOT the result of a trial, nor are they a finding of guilt or innocence.
The DA can present the case to another grand jury. Maybe the DA will do a better job and will have more evidence. Maybe not. Maybe the next grand jury will not want to indict anyone for anything (it’s been known to happen).
But what will you say if the DA does do a better job, has more and better evidence and a new grand jury chosen under the new random system hears the evidence but again fails to indict?
What an outstanding question. So the DA will be reopening the investigation?
The existence of a pick-a-pal grand jury in Fort Bend County for the remainder of the year is a very legitimate matter of public debate.
still as of this day July 27, 2016 I contact Abdul Ferrukio (assistant DA of Fort Bend County he still continues to tell me “we are waiting on forensics” hmnmmm May 27,2016 was 1 yr and never would I think forensics would take so long……….