Murder charge dismissed for Pharr man who shot, killed home invader

Prosecutors on Thursday dismissed murder and tampering with evidence charges against a 29-year-old Pharr man after he pleaded guilty to possession of marijuana, court records indicate.

The now-dropped charges against Erik Daniel Garza stemmed from a June 18, 2021, drug-related home invasion in which he shot and killed 26-year-old Jose Eduardo Morales, who tried to steal Garza’s marijuana at his residence at 711 East Freida in Pharr.

State District Judge Letty Lopez signed off on the deal Thursday and officially dismissed the murder and tampering with evidence charges. She sentenced Garza to three years of deferred adjudication and community supervision while levying a $500 fine.

On the day of the shooting, police found Garza, who cooperated with police, armed with an assault rifle.

He told police he shot two armed men that had broken in and demanded drugs, according to a probable cause affidavit.

During an interview at the police station, Garza said he heard a loud bang, exited his bedroom with a handgun and saw an armed Morales, who was wearing a mask and holding a shotgun.

Garza shot at Morales and Morales returned fire. Garza then retreated to his room, where he grabbed the assault rifle, and began shooting again at Morales, who took cover behind a table, according to the affidavit.

Police said in the document that Garza then got close to Morales and intentionally shot him several times. Investigators noted they found blood splatter in and around the assault rifle’s barrel.

Garza also sustained gunshot wounds to his legs during the shootout.

At the time, former police chief Andy Harvey said investigators also found 14 weapons in the home, including rifles, shotguns, handguns and a large amount of ammunition.

Police also found approximately four pounds of marijuana in a cooler behind Garza’s residence.