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CASE FILE #204

O'Shae Terry

Victim

O'Shae Terry

No verified photo on file

2018 · Age 24 · Arlington, TX

Last Known Information

O'Shae Terry, 24, was shot four times and killed by Arlington, Texas Police Officer Bau Tran on September 1, 2018, during a traffic stop for an expired registration tag. After officers said they smelled marijuana, Terry began rolling up his windows and started the engine to drive away; Tran, who had climbed onto the SUV's running board, drew his weapon and fired five rounds through the window as the vehicle began moving, striking Terry four times. A Tarrant County grand jury indicted Tran on criminally negligent homicide eight months later, a rare criminal charge against a police officer in the county. In May 2023, nearly five years after the shooting, Tran pleaded guilty — but received deferred adjudication, meaning he served no jail time and, if he completes probation, will have no conviction on his record at all. A separate federal civil rights lawsuit was dismissed on qualified immunity grounds. No one has ever been convicted in Terry's death.

Location

Arlington, TX · Tarrant County

Discovery / Timeline
  • 2018: Case opens — victim reported missing or found.
  • Documented milestones (renewed investigation, media coverage, family advocacy) to be added as sourced.
  • Present: case remains unresolved. No named suspect has been convicted.
Investigation
  • The traffic stop, the escalation as Terry attempted to leave, and the shooting, per body camera footage and the 5th U.S. Circuit Court of Appeals's detailed recounting of the incident.
  • Tran climbed onto the SUV's running board and reached through the window with his right hand before resting it on his holstered pistol; when Terry started the engine and the car began to move, Tran drew his weapon and fired five rounds, striking Terry four times.
  • Terry's passenger, Terrence Harmon, was uninjured; the force of the SUV striking a curb afterward knocked Tran off the vehicle and onto the street.
  • A Tarrant County grand jury indicted Tran on criminally negligent homicide in May 2019, described by legal observers as a rare criminal prosecution of a police officer in that county; Tran had a disciplinary record prosecutors characterized as reflecting “bad character,” including a prior off-duty incident where he allegedly pulled a knife on someone while identifying himself as an officer.
  • The federal Fifth Circuit Court of Appeals nonetheless granted Tran qualified immunity in the Terry family's civil rights lawsuit, dismissing the case; the Cato Institute filed an amicus brief arguing Tran's conduct should be ruled unconstitutional regardless.
  • In May 2023, nearly five years after the shooting and just before trial, Tran pleaded guilty to the felony charge but received six years of deferred adjudication community supervision and a $600 fine — no prison time — with the conviction to be wiped from his record entirely if he completes probation without violation.
  • Attorney Lee Merritt, representing Terry's mother and Harmon, publicly called the deferred adjudication outcome “a denial of accountability” and “a dereliction of justice.”
What Remains Unknown
  • Whether Tran reasonably perceived an imminent threat to his life in the roughly one-second window between the car's engine starting and his shots being fired — the central question in both the criminal case and the qualified-immunity analysis — was never resolved by any court ruling on the merits, since the criminal case ended in a plea and the civil case was dismissed on immunity grounds without reaching that question.
  • The specific contents of Tran's prior disciplinary record beyond the incidents described in court filings have not been made comprehensively public.
  • Why prosecutors agreed to a deferred adjudication plea deal nearly five years after indictment, rather than proceeding to the scheduled trial, has not been fully explained publicly.
Sources
  • KERA News — “Former Arlington police officer could face no prison time after pleading guilty to 2018 shooting”
  • Reason — “A Cop Was Indicted for Homicide After Shooting a Fleeing Driver. He Still Got Qualified Immunity.”
  • WFAA — “Former Arlington officer who shot, killed man during 2018 traffic stop won't serve prison time”
  • Project Cold Case
  • Murder Accountability Project
  • NamUs
Unanswered Questions
Why did prosecutors agree to a plea deal carrying no jail time and an erasable conviction, nearly five years after the original indictment and shortly before trial?
Why did the Fifth Circuit grant qualified immunity in the civil case despite an amicus brief specifically arguing the officer's conduct was clearly unconstitutional?
What did Officer Tran's prior disciplinary record, cited by prosecutors as evidence of “bad character,” actually consist of, and why did it not result in earlier intervention?
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