TYLER, Texas — A federal judge will determine whether or not camera footage of a deadly deputy-involved shooting in Rusk County can be released to the public.
Timothy Michael Randall, 29, was killed during a traffic stop conducted by Rusk County Sheriff's Office Sgt. Shane Iverson along State Highway 64 East in September 2022. According to a report from the Office of the Attorney General, Iverson was performing a pat-down when Randall allegedly tried to conceal “contraband” in his waistband. The report said a struggle began and Iverson was in a “tactically compromised position on the ground."
Iverson then shot Randall in the torso, and he later died. The report said Randall did not display or use any weapon during the incident. In November 2022, a grand jury no-billed Iverson, meaning he has not faced criminal charges for the shooting.
In October 2023, Randall's mother Wendy Tippitt filed a federal lawsuit alleging that Iverson violated her son's constitutional rights. On Monday, attorneys for both Tippitt and Iverson argued in a courtroom inside the federal courthouse in Tyler about a protection order that could prohibit video of the incident from the public during the trial proceedings.
Ultimately after arguments, Judge John D. Love said he would review the statements from the lawyers and issue a ruling at a later date.
Iverson's lawyer argued that the public seeing the in-car camera and body cam video would taint the jury pool. She claimed the video could take a life of its own and become manipulated. The lawyer said the video could go viral and be a "free for all" on the internet, saying there are many disturbing comments about law enforcement online. She said social media could make the video dangerous for Iverson.
Love pointed out to Iverson's attorney that trials are generally open to the public and it would make sense that the video be available publicly.
"I don't know if we should be beholden to social media," Love said.
Iverson's attorney argued that reports from the Texas Attorney General's Office about Randall's death are open to the public and have been reported on in the news. She said she's not calling the media the "big bad wolf," but she wants to protect the trial. The lawyer said if the video went viral, it could require a change of venue.
She believes descriptions of the video are acceptable for the public and those selected for the jury would see the video during the trial.
Love said in general, the issues of a fair trial conflicts can be brought up when they arise.
In response to the judge's question about Iverson's safety, his attorney said there's no evidence at this time that his safety is at risk. Love said if someone threatens another person, that should be addressed in the criminal court system.
Tippitt's attorneys said the media and anyone in the public could see the video if the protective order is not issued. Her attorney Joseph Oxman told Love that they very well might give the video to members of the media.
Iverson's lawyer told Love that if Tippitt's attorneys released the video, it would "force" the team representing Iverson to release a version of the video as well.
Oxman pointed out how there have been numerous public information requests from the news media and citizens that have been denied. Oxman said that officials have tried to claim Iverson was using self-defense and say that Iverson was in a compromised position. He said the video shows more context for the traffic stop.
Oxman said details from the video are getting litigated in public opinion from what officials have said. He added that fairness would be allowing the public to see the video.
Love also brought up the question of Tippitt's lawyers wanting to include Rusk County in the lawsuit for claims of unlawful arrest. They said the video shows Iverson was so far away that he could not have seen Randall going through a stop sign, which was said to be the reason for the stop.
The judge asked that the attorneys get an amendment filed quickly to put that issue to bed.
Iverson's attorneys have requested that the court review the issue of qualified immunity for Iverson. This form of immunity can protect government officials like law enforcement from being held liable for claims of constitutional right violations.
She said the court needs to determine what Iverson was thinking when the arrest happened and ultimately the shooting.
During the hearing, Love said from seeing the video, it appears that Randall gets up, runs away and then gets shot by Iverson. Randall did not appear to be a threat, Love said.
Iverson's team said the deputy believed back then that Randall had a weapon, which they say was later determined to be a "meth pipe." Oxman said that meth pipe accusation is incorrect and there's nothing in evidence about that.
Oxman said the qualified immunity argument is premature and what Iverson was thinking is irrelevant at this time. He added qualified immunity would limit gathering information about Iverson's background and mental health.
Oxman also said this immunity does not apply in this case and the video will show that Iverson escalated the entire situation with little to no probable cause.
If the judge approved this request, it would set several hearings to determine if Iverson should receive qualified immunity. These dates would be Sept. 9, Sept. 23 and Nov. 18. Both sides agreed that those dates would be acceptable.