FORT BEND COUNTY, Texas — The Fort Bend County sheriff’s deputy who mistakenly shot and killed a deputy constable has been indicted for the shooting, court documents show.
Fort Bend Precinct 4 Deputy Caleb Rule, 37, was shot and killed on May 29 as he along with three sheriff’s deputies responded to a suspicious person call in the Sienna subdivision.
Editor's note: The video in this story is from a May 2020 broadcast at the time of the shooting
The deputies went into a home that was found with its backdoor open in the same area where a suspicious person was earlier seen running away.
An indictment states deputy Chadwick Devin McRae fired in the direction of the victim, constable deputy Caleb Rule, "without visually checking the area where he was firing.
A grand jury later indicted McRae on a charge of criminal negligent homicide, and the Fort Bend County Sheriff's Office confirmed his employment was terminated.
"It is sad when a fellow member of the law enforcement community is criminally charged with breaching his duty of care. And the death of Deputy Rule, who was on duty serving his community at the time of his death, is an unbearable loss for his wife, children, and extended family.” Fort Bend County District Attorney Brian M. Middleton said.
The indictment stated McRae's gunfire was in response to a sound, but he did not first attempt to confirm the source of the sound before opening fire.
Rule left behind a wife and four children, ages 13 to 18. His oldest daughter graduated from high school not even 24 hours after her father died.
“We are heartbroken over this,” FBCSO Sheriff Troy Nehls said at the time of the shooting. “This is an absolute tragedy.”
Both the sheriff’s office and the Pct. 4 Deputy Constable’s Office are preparing statements in regards to the criminal charge announced Wednesday.
The FBCSO deputies entered the home in the 3900 block of Chestnut Bend through an open back door, according to the sheriff. The sheriff’s deputy mistook the deputy constable for a prowler and opened fire, hitting Rule in the chest. His bulletproof vest wasn’t enough to protect him.
Rule was flown by Life Flight to Memorial Hermann Hospital but he didn’t survive.
The morning of the shooting, the sheriff confirmed the two departments share a radio system, and it wasn’t clear what caused the confusion that led to the shooting.
Statement released by the Fort Bend County Sheriff's Office July 22:
After an internal investigation, the Fort Bend County Sheriff’s Office has terminated the employment of Deputy Chadwick McRae for violation of our Use of Force Policy in connection to the fatal shooting that took the life of Fort Bend County Precinct 4 Deputy Constable Caleb Rule in May of this year.
Further, on July 20th, 2020, former Deputy McRae was indicted by the Fort Bend County Grand Jury for Criminal Negligent Homicide.
“Our thoughts and prayers remain with the family of Deputy Caleb Rule as they continue to deal with this tragedy,” said Sheriff Troy Nehls.
As this matter is pending prosecution we would refer any questions to the lead investigative agency in this matter, the Texas Rangers, or the prosecuting authority, the Fort Bend County District Attorney’s Office.
Statement released by Harris County Precinct 4 Constable's Office on July 22:
"This morning, the Fort Bend County Precinct 4 Constable’s Office was informed of a grand jury indictment against former Fort Bend County Sheriff’s Deputy Chadwick McRae. The indictment of Criminally Negligent Homicide is in connection with the May 29, 2020, fatal shooting of Precinct 4 Deputy Constable Caleb Rule.
Constable Trever J. Nehls said, “The loss of Caleb has left a significant void in our office.” “It is important we allow the criminal justice system to run its course.” said Nehls.
Constable Nehls personally contacted Mrs. Rule informing her of the indictment.
Inquiries concerning the investigation may be directed to the Texas Rangers or Fort Bend County District Attorney’s Office."
Statement released by Fort Bend County Attorney's Office on July 20:
"On July 20, 2020, the 434th District Court Grand Jury returned an indictment for the offense of Criminally Negligent Homicide against Chadwick Devin McRea. On May 29, 2020, McRea, who was employed as a deputy by the Fort Bend County Sheriff’s Office, responded to a report of a possible burglary of a residence in the Sienna Plantation subdivision of Missouri City, Fort Bend County. Fort Bend County Precinct 4 Deputy Constable Caleb Rule was one of several peace officers who also responded to the call. In the process of clearing the residence, McRea fired his duty weapon and wounded Deputy Rule, who later died of his injury. The indictment alleges that McRea caused the death of Rule by firing a deadly weapon in the direction of Rule without visually checking the area where he was firing, and fired in response to an auditory stimulus without first attempting a visual identification of the source of the auditory stimulus.
Fort Bend County District Attorney Brian M. Middleton said that the evidence presented to the Grand Jury was the result of an investigation conducted by the Texas Rangers and the Public Integrity Division of the District Attorney’s Office. Mr. Middleton said, “This situation is tragic. It is sad when a fellow member of the law enforcement community is criminally charged with breaching his duty of care. And the death of Deputy Rule, who was on duty serving his community at the time of his death, is an unbearable loss for his wife, children, and extended family.”
Criminally negligent homicide is a state jail felony with a range of punishment of 180 days to 2 years State Jail and up to a $10,000 fine. A court date has not been set at this time."
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