Global Courant 2023-04-28 19:49:14
HOUSTON — A Texas man on a date paid $40 to park, only to learn at a Houston burger joint that he had been scammed, allegedly went back and shot the man posing as a clerk, then returned for dinner, according to court documents.
Erick Aguirre appeared in court on Thursday on murder charges in the April 11 death of 46-year-old Elliot Nix. His bond was set at $200,000. His attorney, Brent Mayr, declined to comment.
Aguirre, 29, reportedly told his date “everything was fine” and that he just scared the man after he returned to the Rodeo Goat restaurant from the parking lot. They then began walking to a table, but left to eat elsewhere after Aguirre looked uncomfortable, according to court documents.
Aguirre’s date contacted police two days later after police released photos of the couple, who had been identified through tips to Crime Stoppers.
“She wanted to do the right thing. She wanted to make sure she came forward and told police what she knew,” Rick DeToto, the woman’s attorney told NBC affiliate KPRC of Houston.
Police say Aguirre and his date had parked their vehicles near the downtown restaurant when Nix approached them and said it would each cost $20 to park their car, according to a likely explanation.
Aguirre paid the $40, but was later told by a restaurant employee that Nix did not work for the parking lot and had scammed them, police said.
An employee at a nearby smoke shop later told police he saw Aguirre running back to his car, grabbed a gun, and went after Nix. The employee said both men disappeared from his sight, but he heard a gunshot before 8 p.m. and then saw Aguirre “casually walking back to his car with the gun in his hand” before returning the gun to his car. Aguirre then walked back to the restaurant and entered with his date, according to the affidavit.
Nix was taken to a hospital, where he later died.
Aguirre, who lives near Corpus Christi, about 200 miles southwest of Houston, was arrested earlier this week. He remained in jail on Thursday.
Houston criminal defense attorney Grant Scheiner, who is not involved in the case, said that under state property protection laws, Aguirre’s attorney will likely be able to argue that the use of deadly force was justified.
But the circumstances associated with this case, including retrieving a weapon when there was no immediate danger and then continuing to eat after the alleged shooting, will not help Aguirre, Scheiner said.
In 2021, Texas lawmakers passed legislation allowing unlicensed people to carry handguns, and the accompanying background check and training.
“The problem is that guns are so widely available and there are a lot of misinterpretations about when you can use deadly force,” Scheiner said. “You have a lot of weapons and not a lot of knowledge.”
Nix’s fatal shooting comes on the heels of several high-profile incidents in the US where nonviolent situations went a wrong addressgetting into the wrong car or going into a neighbor’s yard to pick up a basketball – devolved into shootings.
