Small Town News

Two teens killed, one injured in failed heist

---

Four teenage boys illegally entered a San Marcos home to steal marijuana from a local peddler, but were met with gunfire that killed two and wounded another on Sept. 4, an arrest affidavit said.

The suspects, aged 16 and 17, were armed, one with a handgun and two with pellet guns that resembled firearms, San Marcos Police Chief Howard Williams said.

Once inside the home at 926 Chestnut St., one of the 16-year-old suspects confronted an unknown man in the living room and began to argue with him. A second man with a handgun then exited one of the bedrooms and opened fire on the teenagers, the affidavit stated.

John Alvarez and Rudy Ti-noco, both 16, were killed in the shooting while Jordan Men-dez, also 16, was transported to Brackenridge Hospital in Austin with serious but non-life threatening injuries, authorities said.

Frank Castro, 17, fled the scene but returned when police rrived. He was arrested and charged with aggravated robbery. As of today, he is being held at the Hays County Jail on a $50,000 bond, authorities said.

All the suspects attended Luling High School, about 20 miles southeast of San Marcos, said Luling ISD Superintendent David Davis.

While in custody, Castro told police that he and his friends knew of a male subject nicknamed "Harry Potter" at the residence, the affidavit said.

"Harry Potter is known to sell large quantities of 'dro' marijuana from the residence," the affidavit said. "Dro" is a slang term meaning high-grade marijuana grown hydroponically.

But San Marcos police only found a small amount of marijuana in the home.

"We did find a tiny bit of marijuana but that doesn't back up what [Castro] is telling us," Williams said. "We don't know if he was telling the truth or that he just didn't know."

Williams did not identify those who lived in the home but said that none of them were injured in the shooting. He also doesn't anticipate any other arrests. The injured 16-year-old suspect will be sent through the juvenile system once he is well enough, he said.

Under state law known as the "castle doctrine," a home-owner or residents are allowed to use deadly force to protect themselves from the unlawful and forcible entry of their home.

"If you have a reasonable fear for your safety, you have the right to defend yourself," Williams said.



Copyright 2009 The Free Press, Buda, Texas. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from SmallTownPapers, Inc.

© 2009 The Free Press Buda, Texas. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from DAS.

More from The Free Press