Longview, Texas

From the Longview News-Journal of April 13, 2006

Man cleared of assault linked to shootout

A 20-year-old Longview man has been cleared of an aggravated assault charge in connection with a shooting last year after prosecutors argued he fired a gun in self-defense.

Travale Henson had been indicted in connection with a May 14 shooting with Keethan Harnage outside a birthday party on Avalon Street. A bullet from Harnage's gun left 15-year-old Sierra Foster of Longview dead.

Prosecutors argued in a motion to dismiss that an investigation proved Henson fired two shots at Harnage in self-defense after Harnage "began firing wildly" at him. Judge David Brabham of the 188th District Court signed the order to dismiss April 5.

"It feels good," Henson said Wednesday. "I'm glad that it's all over and the truth came out. ... It was hard, because I really wanted people to really know the truth."

Foster, a Longview High School freshman, was crouched behind a car that night, and when she stood up, a bullet struck her in the head. She later died at Good Shepherd Medical Center.

Harnage was sentenced in February to 45 years in prison after he pleaded guilty to murder, aggravated assault for shooting Henson and deadly conduct.

Billy Byrd, Gregg County assistant district attorney, said Henson, who was shot in the wrist, fled to a nearby vehicle to retrieve a gun in self-defense, and he fired two shots away from Foster.

"The bottom line is Travale Henson was a victim of Keethan Harnage," Byrd said. "... At the end of the day, you've got to do what the right thing is, and Travale Henson was a victim and was acting in self-defense."

Henson was arrested on a charge of murder after the shooting, but a Gregg County grand jury later indicted Harnage for murdering Foster.

Byrd said a group of witnesses at the birthday party initially told investigators that Henson was responsible for the girl's death — accounts that later proved false.

Ballistic testing of bullet fragments proved that Harnage fired the fatal shot at Foster, he said, and neither of Henson's two shots struck anyone.

Stephen Smith, Henson's defense attorney, said Henson shot two bullets toward Harnage and away from the people at the party that night, while Harnage "was just spraying the area with bullets."

"It's a terribly unfortunate situation," Smith said, adding that Harnage fired as many as 16 bullets. "... (Henson) very well could have been seriously injured or even killed that night."