By: April Carson
According to court records, a man from Texas paid $40 for parking during a date in Houston. However, he discovered that he had been scammed by a fake attendant when he entered a burger joint. The man then apparently went back to the location and fatally shot the imposter. Afterward, he returned to the restaurant to have dinner.
On Thursday, Erick Aguirre went to court to face murder charges related to the death of Elliot Nix on April 11. The court set his bond at $200,000. Erick's lawyer, Brent Mayr, did not make a statement to the press.
According to court records, Aguirre, who is 29 years old, allegedly reassured his date that everything was okay and that he only frightened someone after coming back to Rodeo Goat restaurant from the parking lot. They attempted to sit at a table, but eventually left to dine elsewhere when Aguirre appeared uncomfortable.
Two days after the police released photos of the couple, Aguirre's date contacted the police. The identification of the couple was made possible through tips received by Crime Stoppers.
Attorney, Rick DeToto, said the woman intended to come forward and inform the police of what she knew because she desired to do the right thing.
According to the police, Nix approached Aguirre and his date when they parked their vehicles near the downtown restaurant. Nix demanded $20 per car for parking, even though neither of them had previously agreed to pay.
The police report indicates that Aguirre argued with Nix, and then paused his date for about 10 minutes so he could go to a nearby convenience store where he purchased ammunition. He then allegedly shot and killed Nix.
Aguirre paid the $40 but was later told by a restaurant employee that Nix didn’t work for the parking lot and had scammed them, police said.
A witness working at a nearby smoke shop informed the police that they saw Aguirre return to his vehicle, retrieve a firearm, and pursue Nix. The employee stated he lost sight of both men, but heard a gunshot before 8 p.m. Afterwards, he witnessed Aguirre casually walking towards his car with a gun in hand and placing it back in the vehicle. Aguirre then proceeded to walk back to the restaurant with his date.
Nix was brought to a hospital but unfortunately passed away later.
Earlier this week, Aguirre, who resides near Corpus Christi, which is approximately 200 miles southwest of Houston, was taken into custody. As of Thursday, he was still being held in jail.
According to Houston criminal defense attorney Grant Scheiner, who has no involvement in the case, Aguirre's attorney can use state laws related to property protection to argue that the use of deadly force was justified.
"In Texas, you are generally permitted to use deadly force if somebody is unlawfully and forcibly entering your property or attempting to remove a person from the property," Scheiner said.
Despite the lack of imminent peril, allegedly retrieving a weapon and then leisurely continuing one's meal afterward will be more than enough to quash Aguirre's defense, according to Scheiner.
In 2021, a new law was passed in Texas that permits people to carry handguns without a license, which includes the background check and mandatory training previously required.
This law does not necessarily mean that people can use their firearms in any situation as they, please. The law still allows for "justifiable force" to be used if one feels their life is in danger, but it might be difficult to prove such a notion if the person continues with their date without feeling immediately threatened.
Scheiner stated that the issue is the widespread availability of guns and the lack of understanding about the appropriate use of deadly force. Many people have firearms, but not enough education on their usage.
Nix was fatally shot, following a disturbing trend of nonviolent situations turning into shootings across the US, such as going to the wrong address, entering the wrong car, or turning into someone's driveway. The incident highlights the dangers of carrying firearms and the importance of understanding the implications of using deadly force.
Scheiner went on to explain that for people to be responsible gun owners, they must understand when it is and isn't appropriate to use their weapons. He stated that deadly force should only be used as a last resort, and only if necessary.
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April Carson is the daughter of Billy Carson. She received her bachelor's degree in Social Sciences from Jacksonville University, where she was also on the Women's Basketball team. She now has a successful clothing company that specializes in organic baby clothes and other items. Take a look at their most popular fall fashions on bossbabymav.com
To read more of April's blogs, check out her website! She publishes new blogs on a daily basis, including the most helpful mommy advice and baby care tips! Follow on IG @bossbabymav
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