The Hidalgo County District Attorney’s Office has asked the Texas Attorney General whether it has to release the probable cause affidavits for the arrests of two men charged in a February drive-by shooting in rural Mission that killed a 6-year-old girl.
The Monitor filed Texas Public Information Act requests for the affidavits for the arrests of 43-year-old Alton resident Juan Ramon Olaguez and 30-year-old Mission resident William Garcia, who are both charged with capital murder of a person under 10 years old.
Garcia and Olaguez are charged along with 43-year-old Edinburg resident Daniel Guzman Flores and 42-year-old Alton resident Marco Antonio Chairez for the Feb. 23 death of the child, who the Hidalgo County Sheriff’s Office has declined to identify.
Sheriff’s deputies responded to the 2400 block of Valencia Avenue at about 5:07 p.m that day to a residence that was hit by more than two dozen rounds of gunfire, one of which went through two walls, striking the child and killing her instantly, according to Sheriff J.E. “Eddie” Guerra.
In the ensuing investigation, sheriff’s investigators first arrested Flores followed by Chairez.
The Monitor did obtain the probable cause affidavits for their arrests.
Flores’ affidavit states that he told investigators he went with Chairez as backup and watched as Chairez exited the vehicle and fired at the residence.
That affidavit doesn’t say whether Flores fired, but under Texas’ law of parties, anyone involved in the commission of a crime that results in the death of an individual can be charged with murder even if they didn’t actually kill the person.
Without obtaining Olaguez and Garcia’s affidavits, it’s not possible at this point to ascertain their alleged role. And authorities haven’t described those alleged roles other than to say they participated in the drive-by shooting.
The DA’s office is asking the Texas Attorney General to issue an opinion saying it may withhold the requested information because it contains identifying information about the 6-year-old girl that is protected by the Texas Family Code.
The AG will likely side with the DA’s office, as it routinely has in the past in similar situations involving open record requests by The Monitor.
The child, however, may be identified once the men are indicted.
As for the suspects, Olaguez, Garcia and Chairez all remain jailed on $1 million bonds.
Flores, the first arrested in the case and who provided information to investigators, received a bond reduction and remains held on a $75,000 bond.
