A Texas man who learned he had been scammed is accused of taking a short break from his date earlier this month and shooting to death the man who scammed him out of $40.
Erick Aguirre, 29, has been charged with murdering Elliot Nix, 46, on April 11 in Houston, according to CBS. The maximum sentence for murder in Texas, a first-degree felony, is life in prison.
According to KTRK-TV, Aguirre was in Houston for a date with a woman.
PERSONS OF INTEREST: Homicide detectives want to speak to the below Hispanic male & female in this fatal shooting.
Tips: HPD Homicide Division at 713-308-3600 or @CrimeStopHOU for a reward up to 5K.
More info: https://t.co/mPYOWcFC7Q#HouNews https://t.co/P0KhtGgeKl pic.twitter.com/eaMbQWpXXg
— Houston Police (@houstonpolice) April 12, 2023
Trending:
Both parked in a lot and were told by a man claiming to be an attendant that it was $20 per car, but parking was free if they showed their receipts after eating at a restaurant called the Rodeo Goat. The CBS report called it a burger place.
But when they entered the restaurant, they were told the man had scammed them and did not work for the owners of the lot.
The woman waited at the restaurant while Aguirre went to confront the man.
A witness said that Aguirre went to his car and grabbed a handgun. The witness said one shot soon followed.
Should this man get the death penalty if convicted?
Yes: 57% (4 Votes)
No: 43% (3 Votes)
Aguirre returned to his car, put away the gun, and went back to his date, the witness said.
According to court records, the woman said Aguirre did not look comfortable in the restaurant, so they changed their plans and ate elsewhere.
According to KTRK, Aguirre was on probation for aggravated assault at the time of the incident.
“The penal code in Texas, and in 49 other states, and in most civilized countries, doesn’t give you any legal basis to shoot and kill someone who ripped you off,” legal analyst Brian Wice said, according to KPRC-TV.
“This could have been theft by false pretense. But regardless of whether or not it was, the penal code, not to mention common sense, says that you can’t use deadly force,” he said.
ARRESTED: Booking photo of Erick L. Aguirre, 29, now charged with murder in this fatal shooting of a man on April 11.
More info: https://t.co/HjrRguxTgP#hounews #OneSafeHouston https://t.co/ND4BQ9HExs pic.twitter.com/6nqcLj0a1g
— Houston Police (@houstonpolice) April 26, 2023
Rick DeToto, an attorney for the woman, that his client spoke to the police to do the right thing, police according to The Washington Post.
“My client was shocked to see a photo of herself on the news and to hear that she was a person of interest. She was devastated to learn of the death of the complainant. She was simply having dinner with the defendant and was unaware of the shooting.”
A news release by the City of Houston said the woman does not face any charges.
