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Accused says horseplay led to slaying
Manor man told police gun accidentally went off, killing his cousin
By Miguel Liscano
AMERICAN-STATESMAN STAFF
Friday, December 23, 2005
HAYS COUNTY — The night began last Saturday with a fish fry, friends and a shiny handgun in a coat pocket. It ended with one shot killing 22-year-old Isai Garcia.
Wednesday evening, Hays County sheriff's officials charged Cornelio A. Rodriguez, 22, of Manor with manslaughter, a second-degree felony punishable by up to 20 years in prison. He was being held in the Hays County Jail in lieu of $350,000 bail.
According to an arrest warrant affidavit, Rodriguez told investigators that he and Garcia were fiddling with the gun in a back shed the night of the party in the 3800 block of Dacy Lane, east of Kyle. They tried to fire a shot, the affidavit said, but the gun wouldn't work.
After each took turns jokingly pointing the gun at his own head, the affidavit said, Rodriguez took the 9 mm semiautomatic handgun from Garcia, and it went off.
The bullet hit Garcia in the back of the head, fatally wounding him.
Roxanne Capelo, who lives on the property, said that Rodriguez and Garcia were cousins and that there was no animosity between them. Rodriguez would not have intentionally killed his cousin, she said.
"There was no arguing or anything like that," Capelo said. "It was just a complete accident with drinking."
Other partygoers also told investigators that there were no fights at the party, according to the affidavit, and that everyone was having a good time.
Rodriguez and Garcia were alone when the shooting happened, according to the affidavit.
"In order to charge somebody with homicide, it's got to be knowingly or intentionally that you killed somebody," Sgt. Leroy Opiela said. "In this case, we can't prove that . . . but we can prove the recklessness of it."
Rodriguez, who took the gun to the party, originally told investigators that Garcia had shot himself. He later recanted, according to the affidavit, and confessed to the shooting.
Rodriguez told investigators that he knew the gun was loaded, according to the affidavit, and said it accidently went off.
Opiela said it would be tough to tell whether the gun had malfunctioned.
"It was a semiautomatic weapon, and those weapons do, on occasion, malfunction," Opiela said. "A lot of times, it's hard to make them malfunction again. It may have been a round or something that didn't seat right or eject right.
"It could have been a one-time thing," he said.
Accused says horseplay led to slaying
Manor man told police gun accidentally went off, killing his cousin
By Miguel Liscano
AMERICAN-STATESMAN STAFF
Friday, December 23, 2005
HAYS COUNTY — The night began last Saturday with a fish fry, friends and a shiny handgun in a coat pocket. It ended with one shot killing 22-year-old Isai Garcia.
Wednesday evening, Hays County sheriff's officials charged Cornelio A. Rodriguez, 22, of Manor with manslaughter, a second-degree felony punishable by up to 20 years in prison. He was being held in the Hays County Jail in lieu of $350,000 bail.
According to an arrest warrant affidavit, Rodriguez told investigators that he and Garcia were fiddling with the gun in a back shed the night of the party in the 3800 block of Dacy Lane, east of Kyle. They tried to fire a shot, the affidavit said, but the gun wouldn't work.
After each took turns jokingly pointing the gun at his own head, the affidavit said, Rodriguez took the 9 mm semiautomatic handgun from Garcia, and it went off.
The bullet hit Garcia in the back of the head, fatally wounding him.
Roxanne Capelo, who lives on the property, said that Rodriguez and Garcia were cousins and that there was no animosity between them. Rodriguez would not have intentionally killed his cousin, she said.
"There was no arguing or anything like that," Capelo said. "It was just a complete accident with drinking."
Other partygoers also told investigators that there were no fights at the party, according to the affidavit, and that everyone was having a good time.
Rodriguez and Garcia were alone when the shooting happened, according to the affidavit.
"In order to charge somebody with homicide, it's got to be knowingly or intentionally that you killed somebody," Sgt. Leroy Opiela said. "In this case, we can't prove that . . . but we can prove the recklessness of it."
Rodriguez, who took the gun to the party, originally told investigators that Garcia had shot himself. He later recanted, according to the affidavit, and confessed to the shooting.
Rodriguez told investigators that he knew the gun was loaded, according to the affidavit, and said it accidently went off.
Opiela said it would be tough to tell whether the gun had malfunctioned.
"It was a semiautomatic weapon, and those weapons do, on occasion, malfunction," Opiela said. "A lot of times, it's hard to make them malfunction again. It may have been a round or something that didn't seat right or eject right.
"It could have been a one-time thing," he said.
