Upshur County grand jury declines to indict veteran in June shooting death

An Upshur County [Texas] grand jury has declined to indict a veteran in a June 18 incident that left a man dead, determining the shooting was self defense.

Matthew Gregory Harris, 36, had been charged with murder in the death of Michael Clint Moses, 45, in western Upshur County.

“While any death is a tragedy, the absolute right of self-defense including deadly force was justified in this case,” Upshur County District Attorney Billy Byrd said in a written statement.

According to Byrd, deputies responded June 18 to a 911 call from Harris.

“He told 911 operators he shot (Moses) and would be in route to his home and be waiting on deputies to arrive,” Byrd said. “This phone call clearly demonstrated how distraught Matthew was.”

During the investigation, it was discovered that Harris is from New York and enlisted in the U.S. Army the day after 9/11. He was wounded in combat in the Mideast and was medically discharged after almost 11 years of service.

Harris and his wife moved to Texas, and he began to abuse alcohol and drugs following his discharge from the military. His family moved back to New York, and he stayed in Texas. Veterans Affairs helped him purchase a home in northwestern Upshur County.

Harris met Moses, who began providing drugs to Harris, according to Byrd.

Moses “had a long history with law enforcement and was known to be a member of the Aryan Circle Brotherhood, a criminal gang,” Byrd said.

The week before the shooting, Moses was arrested in Van Zandt County after a “large amount of drugs were found” during a traffic stop in which he was driving a stolen truck. He was charged with felony possession of a controlled substance with intent to deliver.

“Our office contacted Van Zandt County to retrieve recorded jail calls,” Byrd said. “What we found was several death threats made by (Moses). Further, he was making threats about (Harris) to other people while at the same time wanting (Harris) to pawn items to help him make bail.”

When Harris did not pawn the items, “he became increasingly aggravated at Harris.”

On June 13, Moses bonded out of Van Zandt County Jail. The following day he went to Harris’ home with an ax and made threats, according to Byrd. Harris called 911, but Moses left before deputies arrived.

Four days later, Moses returned to Harris’ home and tried to break into the house. Deputies issued a criminal trespass warning to Moses. The following day, Moses enlisted the help of another maned named Randy Price, according to Byrd.

“While sitting across the road from Harris’ home, Moses and Price waited in a stolen Corvette from Wood County,” Byrd said. “That morning, Harris went to leave his home and saw the stolen car on the side of the road but did not recognize it.”

Price and Moses followed, and Moses jumped out of the Corvette when Harris stopped. Harris had a dash cam recorder in his truck, and it captured Moses running at Harris in his truck and saying that Harris was going to die, according to Byrd.

Moses tried to grab Harris through his window, and Harris pulled a handgun from his waist and shot him once. He drove away and called 911, Byrd said. Moses was picked up by Price and driven to a hospital in Quitman, where he was pronounced dead.

“When deputies arrived, Harris had the (pistol) laid on the ground, clip removed and the slide locked back,” Byrd said. “He was arrested and remained cooperative.”

He remained in the Upshur County Jail until the case was heard by the grand jury.