I could not figure out how to edit my original post's title so here is a link to original discussion:

ugly: Odd police and 90 year old shot out at apartments

and here is new info: and link: Grand jury declines to indict accused elderly gunman | Lubbock Online | Lubbock Avalanche-Journal

By LOGAN C. CARVER Copyright 2011 . All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
October 18, 2011 - 08:30pm
Grand jury declines to indict accused elderly gunman

A Lubbock County grand jury on Tuesday declined to indict an elderly man who allegedly shot at police last month.

Willie John Williams, 90, was charged with two counts of aggravated assault against a public servant for allegedly shooting at Lubbock police officers responding to a report of a burglary at the Parkridge Place apartments, 5301 51st St.

Williams was treated for a gunshot wound after he was shot by police.

A man called 911 just before 3 a.m. Sept. 25 to report people were trying to break into his apartment — apartment No. 8.

When officers Curtis Fish and Jacob Flores arrived, they said they saw a male walk into apartment No. 8 and close the door, according to the affidavit filed with Williams’ arrest warrant.

Then the same man opened the door.

Officers said they yelled at him, but he closed the door and locked it.

Fish and Flores approached an apartment window that had been shattered and cleared it of glass pieces, believing the window belonged to apartment No. 8, according to court documents.

Police later wrote that the window turned out to belong to apartment No. 9, where Williams lived.

Windows to both apartments No. 8 and No. 9 had been broken before police arrived.

As Flores pulled the mini blinds out of the window of Williams’ apartment, the officers said they heard what sounded like a shotgun.

They said they then began to yell “Lubbock Police Department, put the gun down.”

They heard another shot and Officer Fish returned fire, they wrote.

Then, they heard yet another shotgun blast.