Public records: Trooper fired at suspect as man attempted to flee

EDINBURG — Court documents reveal that a state trooper fired three gunshots at a suspected drunken motorist as he allegedly resisted arrest last month, but it remains unclear whether one of those shots struck him as he tried to run away.

The shooting occurred Oct. 24 near the intersection of Bellavista Avenue and Moorefield Road near Mission.

Texas Department of Public Safety Trooper Mario Sierra fired three shots at Jesus Garza after the traffic stop that night, striking him once in the hand and once in the torso, the criminal complaint in the case states.

Garza was arraigned Wednesday in Hidalgo County Justice Court on one count of attempted capital murder of a peace officer and other charges.

The night of the shooting, Sierra had pulled over Garza’s 2000 Ford Taurus when the man got out of the car and fled east on foot to the back of a nearby residence, according to the complaint and an earlier DPS statement. Sierra caught up with Garza, who allegedly made "numerous threats" to kill Sierra.

Garza then took a "combative stance" and removed an object from his back pocket and pointed it toward Sierra, who believed it was a weapon, the complaint states. Officials refused to disclose whether the object actually was a weapon, citing an ongoing investigation into the incident.

Sierra then drew his gun and shot Garza’s hand, causing him to drop the apparent weapon, the complaint states.

A struggle ensued between the two men and Garza tried to take Sierra’s pistol, according to the complaint. Garza then tried to pick up the suspected weapon he had dropped and threatened the trooper, who shot the man in the torso.

Garza tried to run away from Sierra, who, "fearing for his life," fired another shot, the complaint states. It is unclear whether the third shot struck Garza. The trooper arrested the man shortly thereafter.

Garza spent more than a week in the hospital before he recovered from his injuries enough to be formally charged Wednesday.

His attorney, Sergio Sanchez, has challenged DPS on its story that Sierra feared for his life.

"Should my client have run away? Probably not," Sanchez said earlier this week. "But that doesn’t give an officer the green light to kill, which is exactly what he tried to do."

Sanchez, who could not be reached for comment Thursday, has said Garza was shot in the back. The complaint does not state whether the third shot at Garza struck him.

Hidalgo County Justice of the Peace Ismael "Melo" Ochoa charged Garza with charges of attempted capital murder of a peace officer, evading arrest, resisting arrest and felony driving while intoxicated. The judge set Garza’s bond at $180,000 for all the charges.

Trooper Sierra, who was placed on administrative leave after the incident, returned to work this week after DPS finished its investigation into everything but the shooting.