HOUSTON (AP) 鈥 A Texas man on a date who paid $40 to park, only to learn inside a Houston burger joint that he was scammed, allegedly went back and fatally shot the man posing as an attendant and then returned for dinner, according to court records.
Erick Aguirre appeared in court 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, allegedly told his date 鈥渆verything was fine鈥 and that he just scared the man after returning to the Rodeo Goat restaurant from the parking lot. They then started walking to a table but left to eat someplace else after Aguirre looked uncomfortable, according to court records.
Aguirre鈥檚 date contacted police two days later after police had released photos of the couple, who had been identified by tips to Crime Stoppers.
鈥淪he wanted to do the right thing. She wanted to make sure that she came forward and told the police what she knew,鈥 Rick DeToto, the woman鈥檚 attorney .
Police say Aguirre, 29, and his date had parked their vehicles near the downtown restaurant when Nix approached them, saying it would cost $20 each to park their cars, according to a probable cause affidavit.
Aguirre paid the $40 but was later told by a restaurant employee that Nix didn鈥檛 work for the parking lot and had scammed them, police said.
An employee at a nearby smoke shop later told police he saw Aguirre run back to his car, grab a pistol and go after Nix. The employee said both men went out of his view but he heard a gunshot before 8 p.m., then saw Aguirre 鈥渘onchalantly walking back to his car with the gun in his hand鈥 before putting the gun back in his car. Aguirre then walked back to the restaurant and go inside with his date, according to the affidavit.
Nix was taken to a hospital, where he later died.
Aguirre, who lives near Corpus Christi, located about 200 miles (320 km) southwest of Houston, was arrested earlier this week. He remained jailed Thursday.
Houston criminal defense attorney Grant Scheiner, who鈥檚 not affiliated with the case, said that under state laws related to protection of property, Aguirre鈥檚 attorney will likely be able to make an argument that the use of deadly force was justified.
But the circumstances related to this case, including retrieving a weapon when there was no immediate danger and then continuing with one鈥檚 dinner after the alleged shooting, will not help Aguirre, Scheiner said.
In 2021, allowing people to carry handguns without a license, and the background check and training that had gone with it.
鈥淭he problem is that guns are just so widely available and there鈥檚 a lot of misinterpretation on when you can use deadly force,鈥 Scheiner said. 鈥淵ou have a lot of guns and not very much knowledge.鈥
Nix鈥檚 fatal shooting comes after several around the U.S. where nonviolent situations 鈥 a , or going into a neighbor鈥檚 yard to 鈥 devolved into shootings.
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