HOUSTON (AP) - The district attorney’s office prosecuting a Houston man accused of fatally shooting a sheriff’s deputy at a gas station in 2015 has asked that a special prosecutor be appointed due to a possible conflict of interest.
In a court motion Wednesday, Harris County District Attorney Kim Ogg asked that her office be recused because her chief of staff, while in private practice, represented two witnesses who could testify on behalf of Shannon Miles, the man charged in the killing.
In late 2015, Vivian King represented the witnesses, Miles’ mother and brother, during a grand jury investigation into the slaying of 47-year-old Deputy Darren Goforth. Miles has been charged with capital murder in Goforth’s death. A decision hasn’t been made on whether Miles will face the death penalty.
David Mendoza, chief of the Office of Professional Integrity in the district attorney’s office, said King also spoke with one of Miles’ attorneys, Anthony Osso, about the case while she was in private practice. This raises a suggestion that King might have learned information about Miles’ confidential defense theories, he said.
“We want to see this case tried once and see it tried cleanly,” Mendoza said in a statement. “The people of Harris County and the family of Darren Goforth deserves justice.”
Osso said he expects state District Judge Susan Brown, who’s presiding over the case, to appoint a special prosecutor ahead of the next hearing set for April 18.
Miles’ defense team was aware of the potential conflict with King, he said.
“I can’t say concretely we would have moved for that recusal,” Osso said. “The issue could have been raised at any time and the state elected to raise it on their own.”
Appointing a special prosecutor will likely delay the case, which has already experienced various postponements due to questions about Miles’ competency. Miles had been committed to mental health facilities in 2010 and 2012.
Miles, 32, spent several months last year at the North Texas State Hospital after he was ruled incompetent to stand trial.
Last month, Judge Brown ruled Miles competent to stand trial following his hospital stay.
Prosecutors said Goforth was filling his squad car at a suburban Houston gas station when Miles shot him 15 times. They allege he attacked the deputy because he was a law enforcement officer.
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