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A custodial death report reveals that the 49-year-old man killed in Donna last month by the Texas Department of Public Safety was shot after standing at his front door and raising a pistol toward police.
The report, which was filed with the Texas Attorney General’s Office, said two officers shot and killed Cesar Armando Aguirre, who DPS initially said was 60, on Sept. 18 at approximately 8:25 p.m when “law enforcement personnel observed Mr. Aguirre, armed with a pistol, at the resident’s front door.”
That’s roughly ten minutes after law enforcement deployed tear gas into his home through a rear window at approximately 8:15 p.m., according to the report.
“When Mr. Aguirre raised his pistol towards law enforcement, two officers discharged their weapons in self-defense and defense of others, killing Mr. Aguirre.”
The incident started at approximately 5:35 p.m. when DPS received notification of a barricaded gunman engaging Donna police.
“Donna Police Department officers had responded to a call regarding an adult male firing a weapon in the air near the barricaded address,” the report stated. “When uniformed officers arrived at the location, Mr. Aguirre fired rounds at them.”
In a news release at the time, DPS said it responded to the shooting, which happened at 4:49 p.m., in reference to an intoxicated man shooting a firearm inside his residence.
However, the custodial death report said it did not appear Aguirre was intoxicated or displaying mental health problems.
More law enforcement arrived and negotiators contacted Aguirre to try and convince him to surrender peacefully, according to the report.
“Mr. Aguirre responded by firing additional rounds from inside the residence toward various law enforcement officers positioned around the barricaded address,” the report stated. “Mr. Aguirre continued firing rounds at law enforcement throughout the attempted negotiations.”
The report does not name the officers who fired the fatal shots, but it does indicate that a “Rifle/shotgun” caused Aguirre’s death.
Had Aguirre survived, he would have been charged with attempted capital murder, aggravated assault on a public servant and deadly conduct.
The results of his autopsy are still pending, but the report said he died from gunshot wounds.
