Prosecutors on Wednesday recommended that a 43-year-old Weslaco woman spend six decades in prison over the fatal shooting of a 24-year-old man close to one year ago.
Emma Linda Gracia, who Hidalgo County Sheriff J.E. “Eddie” Guerra previously said had a history of shooting at people at her residence, is charged with murder for the death of Eduardo Mendoza at her home at 1318 E. 25th St. in rural Weslaco.
The 60-year recommendation reflects the serious nature of the charge, 92nd state District Judge Luis M. Singleterry noted during the video-conferencing pre-trial hearing.
The shooting happened on Jan. 18, 2020, and sheriff’s deputies responded to the scene after Gracia called 9-1-1 to report she had shot a man during a burglary, according to the probable cause affidavit.
Authorities arrived at Gracia’s residence at 7:34 a.m. and she told them she used a .22 caliber rifle to shoot Mendoza after he arrived at the home with 50-year-old Gerardo Gonzalez.
According to the affidavit, Gracia said Mendoza began arguing with her boyfriend, Michael Luna.
“Sheriff Investigators met with Michael Luna who said that he was at home with his wife Emma Gracia. Two men he knows as Eduardo and Gerardo arrived at his home,” the affidavit stated. “He has been having problems with Eduardo because he suspects him of stealing from him. He told him to leave and an argument occurred.”
Investigators allege that’s when Gracia went outside and shot Mendoza in his stomach.
Mendoza and Gonzalez then left in a vehicle and deputies later learned Mendoza died from a gunshot wound at Knapp Medical Center.
While Gracia alleged she shot Mendoza during a burglary, witness statements and surveillance video painted a different picture for authorities.
A witness who saw the argument said Mendoza didn’t have anything in his hands and Guerra, the sheriff, said during a news conference that there were no signs of a burglary and that Mendoza’s hands were in the air when he was shot.
Gracia, who was indicted on March 12, 2020, has pleaded not guilty and remains jailed on a $150,000 bond.
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