A 35-year-old man who is accused of firing a bullet out of his vehicle while driving that hit and killed a 75-year-old man laying in his bed has been indicted on a charge of manslaughter.
Weslaco resident Joe Armendaris is scheduled to be arraigned on the indictment Wednesday.
A Hidalgo County grand jury indicted Armendaris Dec. 16 for the death of Jose Magana. He was shot at his residence west of Farm-to-Market Road 1015 on Mile 10 North in rural Weslaco about 1:56 a.m. Aug. 19, 2021.
The sheriff’s office previously said that Magana, who had a gunshot wound to his lower extremities, was not responsive when deputies arrived at his residence.
“Sheriff’s Deputies met with Jose’s wife, Elva Magana who stated she and Jose were asleep in their bedroom when Jose woke her up complaining of pain to his leg. She got up to help Jose and noticed he was bleeding at which point she called for help,” a probable cause affidavit said.
Investigators found a bullet hole in the bedroom’s window and a projectile on the floor and determined the bullet came from outside.
During the course of the investigation, deputies obtained surveillance video from the surrounding area which revealed a dark-colored truck traveling east on Mile 10 North past the Magana residence before turning south on F.M. 1015 before arriving at a convenience store located at Mile 9 North and F.M. 1015.
Armendaris, who drove the truck, purchased several items at the store. Investigators obtained a copy of the transaction and linked it to his wife, according to the affidavit.
“Sheriff’s Investigators proceeded to Joe’s residence and observed Joe and the truck were at location. Sheriff’s Investigators obtained consent to search the residence and located a 9mm handgun belonging to Joe,” the affidavit said.
That document said Armendaris admitted to firing a round while driving when detectives interviewed him.
Armendaris bailed out of the Hidalgo County Adult Detention Center on Sept. 24, 2021 on a $100,000 bond, records show.
