The Huntsville Item, Huntsville, TX

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November 29, 2007

Man cleared in Riverside shooting death

By Robbie Byrd

A man who shot another in Riverside in an apparent self-defense case has been acquitted of any wrongdoing in the incident.

Merle Tennant, a 45-year-old Huntsville resident who shot and killed Jerry Wayne Bratton outside of a Riverside gas station Nov. 13, has been cleared of any wrongdoing by a Walker County grand jury.

Walker County Criminal District Attorney David Weeks said the case was “obviously one of self-defense.”

“The law of self-defense is clear (and) from the evidence Mr. Bratton came there as the aggressor,” Weeks said, just hours after the grand jury cleared Tennant in the case. “There were previous threats (from Bratton toward Tennant) and (Tennant) was lawfully in a place he was entitled to be.”

Weeks said evidence presented to the grand jury — including evidence showing that Bratton, a 40-year-old from Crockett, had a knife at the scene and that he had made threats toward Tennant —helped make up the minds of jurors.

“The evidence showed Mr. Bratton made threats and that he was the aggressor,” Weeks said. “There was testimony from witnesses who heard threats from (Bratton).”

Tennant had made a report earlier that day with the Walker County Sheriff’s Office. Weeks dubbed the report as a “harassment and terroristic threat” complaint.

“(Tennant) was lawfully in a place he was entitled to be and a man confronted him and he defended himself,” Weeks said.

Witnesses testified to the grand jury that Bratton had been across the street from the gas station just before the incident talking on his cell phone. Weeks said witnesses testified that Bratton pulled across state Highway 19 to confront Tennant as he was putting gas into his truck.

Tennant shot Bratton at least once in the torso with a shotgun at “close range,” according to witnesses to the incident.

Witnesses also testified at the grand jury meeting that Bratton had a knife, although it was unclear if the knife was open. Witnesses also testified that Bratton had a silver cell phone in his hand as well.

Even so, Weeks said that Bratton’s actions appear to have presented an “apparent danger” to Tennant.

“That’s one part of the law: if you’re lawfully in a place and don’t provoke anything then you’re justified in using force to defend yourself,” Weeks said.

Weeks said Tennant was licensed to carry the firearm, and explained to police why the shotgun was in his vehicle.

Lt. Charlie Perkins, head of the Walker County Sheriff’s Department’s investigative wing, had refused to release the name of the shooter, citing a pending investigation.

Cases of apparent self-defense are usually presented to the grand jury as a matter of policy, Weeks has said.

Walker County grand juries have reviewed two such self-defense shooting cases in as many months, an uncommon occurrence.

In October the grand jury cleared T.J. Burdett of criminal misdoings in the death of an intruder on his property.

“It’s really unusual because I don’t remember off the top of my head presenting a self-defense case to a grand jury, much less two in one month,” Weeks said.

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