HOUSTON – Harris County prosecutors have dropped three felony charges against Tony Underwood, who was shot by Houston police during a confrontation in April, citing his grave medical condition.
Authorities, however, reserve the right to refile charges if his condition improves.
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Underwood, who remains hospitalized, had faced charges of evading in a motor vehicle, possession of a firearm by a felon, and aggravated assault on a public servant. The charges stemmed from an incident in which police said he brandished a weapon after leading officers on a chase in a stolen vehicle.
“The orders of dismissal specifically say in the interest of justice,” said Courtney Vincent, Underwood’s attorney. The dismissal allows family members unrestricted access to visit him while he fights for survival.
Patricia Underwood, Tony’s mother, described her son’s difficult recovery.
“He’s still fighting, he’s got a long ways to go,” she said, noting she visits daily. Communication remains challenging as Underwood can only mouth words due to medical equipment, and he reports no feeling from the waist down.
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The case has drawn scrutiny since the April 30 shooting. While Houston Police Department officials maintain Underwood was armed with a handgun after exiting a stolen vehicle, his family disputes this account, claiming he held a water bottle.
Body camera footage released by HPD in May, which appeared to show Underwood with a gun, sparked additional controversy when Underwood’s legal team questioned the edited nature of the videos.
“There are segments of the video and videos from multiple officers’ body-worn cameras that are spliced together,” Vincent said in a May 30 statement.
The defense team noted that the actual moment of the shooting, including the sound of gunfire, appeared to have been removed from the released footage. Houston police said the video was only edited for length and welcomed Underwood’s legal team to request the full footage.
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The district attorney’s office’s decision to drop charges while reserving the right to refile represents a significant development in a case that has highlighted tensions between law enforcement and the community.
The move allows Underwood’s family unrestricted hospital access while he remains in critical condition. The DA’s office said if Underwood’s condition improves, they would likely proceed with the criminal case.
Tony Underwood Jr., the injured man’s son, views the development with cautious optimism.
“Everything is in God’s favor,” he said. “They know that they were wrong so they’re trying to do everything they can to make it right.”
Houston Police Chief J. Noe Diaz previously called the situation tragic but maintained that officers believed Underwood posed a threat during the encounter. The department’s policy requires body camera footage to be released within 30 days of such incidents.
