Texarkana, TX 63° Tue H 79° L 62° Wed H 78° L 63° Thu H 74° L 60° Weather Sponsored By:

Teen suing city is sentenced to five years probation for firearm theft

Teen suing city is sentenced to five years probation for firearm theft

January case still pending; Huey's mother raises $10.6K toward defense, says son a 'peacemaker'

March 23rd, 2019 by Lynn LaRowe in Texarkana News

DaQuan Huey, speaks for the first about the incident that left blind in his left eye at the Texarkana District Attorney's Office in Texarkana, Texas on Tuesday, February 12, 2019. Huey was shot, allegedly, at close range by a Texarkana Texas police officer's JPX gun when trying to break up a fight on January 27, 2019. The damage from the impact of the shot severely damaged his left eye and according to doctors, has permanently lost vision.

Photo by Hunt Mercier /Texarkana Gazette.

A 17-year-old suing the city of Texarkana, Texas, and a police officer for a pepper spray eye injury was sentenced to five years probation Friday for theft of a firearm.

DaQuan Queashad Huey was arrested in the early morning hours of Oct. 10 by Texarkana, Texas, police after officers allegedly found two pistols in Huey's pants. One of the weapons had been reported stolen by a retired Texarkana, Texas, police detective.

In Texas, people accused of criminal conduct are treated as adults at 17, the age Huey reached in September. Huey first pleaded guilty to theft of a firearm Jan. 25, two days before he was struck in the eye with the full force of a JPX pepper spray gun. The event is central to a federal lawsuit alleging Huey is a victim of excessive use of force by police.

Huey appeared for sentencing on the weapons charge in February. Fifth District Judge Bill Miller refused to approve a plea offer that included deferred adjudication probation. Deferred adjudication allows defendants who successfully complete probation to keep their criminal histories felony-free.

Upon his rejection of the plea offer in February, Miller allowed Huey to withdraw his guilty plea and consider his options. Huey pleaded guilty a second time to theft of a firearm Friday with the help of Assistant Public Defender Sylvia Delgado and was sentenced to a five-year term of standard felony probation. Should he violate the terms of his probation, Huey could be ordered to serve up to two years in a Texas state jail.

As conditions of his probation, Huey must complete a substance abuse program, complete 240 hours of community service, submit his DNA for inclusion in a federal database and submit to random drug and alcohol testing.

"It goes without saying and I hope you understand you are not to possess any firearms or ammunition or you're looking at two years in the pen," Miller said.

As a now-convicted felon, Huey is prohibited from possessing firearms or ammunition.

Miller asked Huey if he is attending high school. Huey said he is not currently enrolled. Miller ordered that Huey acquire a high school diploma or a GED within the next two years. After briefly conversing with Huey's mother, Miracle Farr, Delgado informed the court that Huey is considered to be in ninth grade. Miller remained firm in the two-year requirement for high school or GED completion.

Huey's legal troubles don't end with his felony probation.

Earlier this week, Huey was booked into the Bowie County jail on misdemeanor charges of disorderly conduct and resisting arrest stemming from his alleged misconduct on the day his eye was injured. Huey was released Wednesday on a $5,000 personal recognizance bond through Bowie County.

In the federal suit filed by Farr as Huey's guardian, Huey alleges he was trying to break up a fight, had honored a police officer's order to drop a baseball bat he'd taken from someone else and was unaware he was wrestling with a police officer when he was struck in the face with the pepper spray at extremely close range.

But a response to the suit filed on behalf of the city of Texarkana, Texas, and Texarkana, Texas, Police Department Officer Scott Lillis, alleges the blame for Huey's injury is placed on him. The response alleges body and dash camera recordings show Huey was behaving aggressively and was in a boxing stance when Lillis approached him as he faced a woman whom he appeared ready to fight.

The defendants allege Huey looked at Lillis and knew a uniformed officer was next to him when Lillis put his arm on him. According to the response, Lillis had drawn his JPX gun with his right hand and ordered the woman to back up while placing his left hand on the back of Huey's neck. The defendants accuse Huey of grabbing Lillis' duty belt, which held his service pistol, and struggling with him on an inclined lawn. Huey allegedly moved into the path of the JPX spray just as it was deployed, according to the defendants' response.

Police were called to the Brookwood Drive area regarding large crowds of people fighting outdoors about 12:30 p.m. Jan. 27.

That case is pending in the Texarkana Division of the Eastern District of Texas before U.S. District Judge Robert Schroeder III and U.S. Magistrate Judge Caroline Craven. No hearings are currently scheduled.

Since the eye injury, Farr has started a GoFundMe page seeking donations for Huey's medical expenses which has raised $10,657. In the post seeking financial assistance, Farr describes Huey as a "peacemaker" who was the victim of a "brutal assault" by police.

llarowe@texarkanagazette.com

Getting Started/Comments Policy

Getting started

  1. 1. If you frequently comment on news websites then you may already have a Disqus account. If so, click the "Login" button at the top right of the comment widget and choose whether you'd rather log in with Facebook, Twitter, Google, or a Disqus account.
  2. 2. If you've forgotten your password, Disqus will email you a link that will allow you to create a new one. Easy!
  3. 3. If you're not a member yet, Disqus will go ahead and register you. It's seamless and takes about 10 seconds.
  4. 4. To register, either go through the login process or just click in the box that says "join the discussion," type your comment, and either choose a social media platform to log you in or create a Disqus account with your email address.
  5. 5. If you use Twitter, Facebook or Google to log in, you will need to stay logged into that platform in order to comment. If you create a Disqus account instead, you'll need to remember your Disqus password. Either way, you can change your display name if you'd rather not show off your real name.
  6. 6. Don't be a huge jerk or do anything illegal, and you'll be fine.

Texarkana Gazette Comments Policy

The Texarkana Gazette web sites include interactive areas in which users can express opinions and share ideas and information. We cannot and do not monitor all of the material submitted to the website. Additionally, we do not control, and are not responsible for, content submitted by users. By using the web sites, you may be exposed to content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of the Gazette web sites and any content on the Gazette web sites, including, but not limited to, whether you should rely on such content. Notwithstanding the foregoing, you acknowledge that we shall have the right (but not the obligation) to review any content that you have submitted to the Gazette, and to reject, delete, disable, or remove any content that we determine, in our sole discretion, (a) does not comply with the terms and conditions of this agreement; (b) might violate any law, infringe upon the rights of third parties, or subject us to liability for any reason; or (c) might adversely affect our public image, reputation or goodwill. Moreover, we reserve the right to reject, delete, disable, or remove any content at any time, for the reasons set forth above, for any other reason, or for no reason. If you believe that any content on any of the Gazette web sites infringes upon any copyrights that you own, please contact us pursuant to the procedures outlined in the Digital Millennium Copyright Act (Title 17 U.S.C. § 512) at the following address:

Copyright Agent
The Texarkana Gazette
15 Pine Street
Texarkana, TX 75501
Phone: 903-794-3311
Email: webeditor@texarkanagazette.com