DART not pressing charges after passenger shoots man on train

DALLAS - It will be up to a grand jury to decide if charges will be filed against a DART train passenger who shot another rider.

DART has changed course with its investigation into Wednesday's shooting at the LBJ station deciding they will not press charges against the passenger who pulled the trigger.

Cell phone video shot by another passenger may be one reason. It shows the shooter explaining to another passenger that he felt threatened and shot the other passenger in self-defense.

DART police will now wait for a grand jury to decide if any charge is warranted.

"We have talked to a number of witnesses, but we also looked at our video from the station itself,” said Morgan Lyon with DART. “There is no video on board the train but at the station.”

Marcos Palaez is the passenger who recorded the video. He says he heard several shots fired and then called 911. He then recorded everything as it played out from that point.

"When I turned around, I saw the shooter. Hands outstretched. The pistol in his hand,” Palaez said. “And I saw the man who was shot, staggering backward away from him."

The passenger who fired his gun is heard saying he got into the altercation with the man while trying to defend two women the man was allegedly harassing.

"He said he unloaded the full clip. He kept saying he was scared,” Palaez said. “When I first looked over and saw him with the gun out, I remember him saying, ‘I told you to stay away or keep away.’ Something like that.”

The man who was shot is still in the hospital in an unknown condition.