Cellphone video (below) that surfaced on June 23 shows former Houston police officer Bruce Johnson kicking Derek Carr after shooting him on Feb. 16.
The video was used to indict Johnson on a felony charge of tampering with evidence and a misdemeanor assault charge, according to KHOU.
Johnson caught Carr allegedly trying to burglarize his home, and reportedly shot Carr and then kicked him at least 10 times.
Video of the incident was recorded by a contractor who was working in the neighborhood.
At one point in the video, Johnson said: "Did y'all call the police?" and the contractor responded: "Aren't you the police?" which Johnson affirmed.
After more than 23 years on the Houston police force, Johnson retired in March. He was indicted by a grand jury on June 22, and turned himself into the police on June 23.
District Attorney Kim Ogg said her department was holding police accountable, while Houston Police Chief Art Acevedo spoke of his new investigative unit that gathered evidence against one of his own cops, notes the Houston Chronicle.
According to prosecutors, Carr was charged with burglary and is currently in the Harris County Jail.
Prosecutors said Carr was carrying a 16-inch metal tool and some of the Johnson family's belongings when he was confronted by Johnson.
Ogg said Johnson shot Carr twice, in the arm and back, before kicking Carr, who fell to the ground.
According to Ogg, Johnson moved the metal tool, which Carr was carrying, in an effort to tamper with evidence.
"He moved a critical piece of evidence," Ogg insisted. "It wasn’t a mistake. There’s not a question [about the] intent."
Ogg noted that a grand jury refused to indict Johnson on an aggravated assault charge for shooting Carr.
Johnson, if convicted, likely will not do any prison time because of his clean record, noted Ogg, who said the law treats everyone equally.
"Our law applies to every person in Harris County, and our law will be equally applied to all people, including police officers," Ogg stated.
Acevedo said in a statement HPD was "extremely disappointed in the actions of this former employee," and spoke of the Special Investigations Unit that he created:
While the circumstances in this case on the day of occurrence suggested no wrongdoing, a proper impartial investigation by HPD SIU lead to the discovery of facts and evidence resulting in the indictment of this former employee. The Houston Police Department remains committed to transparency and accountability.