Court documents detail the moments that led up to the shooting of an El Paso County Sheriff’s Deputy on Friday.
According to a complaint affidavit for Capital Murder, Facundo Chavez, 27, allegedly told his girlfriend he was going to shoot Deputy Peter Herrera before opening fire on him multiple times at close range.
Chavez is facing Capital Murder charges in the death of Herrera.
The affidavit said that Herrera conducted the traffic stop on a two-door white BMW 325i with a black convertible top at about 1:50 a.m. on Chicken Ranch Road. The car, driven by Chavez, had a Texas 30-day permit, the affidavit said.
At first, Chavez’ girlfriend exited the vehicle as Herrera approached. Herrera ordered her back in the car and spoke with Chavez at his driver side window. Herrera told Chavez that he was being pulled over for failure to dim high beam headlights and improperly displaying the temporary permit before asking for his license and registration, the affidavit said.
When Herrera told Chavez to exit the car, Chavez allegedly pulled a gun from his waist area and began to fire at close range. Chavez cursed at Herrera and ran back to his vehicle, the affidavit said.
The Sheriff’s Office said that one of several bullets struck Herrera in the back of the head. Several other shots hit his body armor, officials said.
Chavez’ car stalled at the intersection of Chicken Ranch and Socorro Roads and Chavez and his girlfriend fled on foot.
At about 3:13 a.m. deputies, with the help of Border Patrol agents, found Chavez and his girlfriend hiding in a shed.
While Chavez refused to speak to investigators, his girlfriend tried to claim there was a third person in the car, which dashcam footage disputed. She admitted to lying and said she did not want to get in trouble because she had a restraining order against Chavez. She later said Deputy Herrera had helped her with a family violence case against Chavez before, the affidavit said.
The girlfriend told investigators that she saw Chavez get a gun from the shifter area and put a clip in it before tucking into his waistband, the affidavit said.
She “wanted to get out of the vehicle because [Chavez] told her that he was going to shoot the cop,” the affidavit said.
The gun was found in the area.
The affidavit also adds that Herrera died after two days in the hospital at 5:46 p.m. on Sunday.
On Monday, Texas Gov. Greg Abbott asked that flags be flown at half-staff until after the funeral.
“The First Lady and I extend our heartfelt condolences to the Herrera family, the staff of El Paso County, as well as the entire El Paso community on this loss,” Abbott’s statement said.