Despite other information circulating on social media, the man accused of shooting a local sheriff’s deputy last week is not an undocumented immigrant, the El Paso County Sheriff’s Office confirms to KTSM.
Chavez allegedly shot Herrera 14 times, including once in the head, during a traffic stop in San Elizario on Friday.
According to a complaint affidavit, Herrera pulled Chavez over for improperly displaying a temporary permit and failing to dim his high-beam headlights.
When Herrera told Chavez to exit the car, Chavez allegedly pulled a gun from his waist area and began to fire.
Chavez then cursed at Herrera and ran back to his vehicle, the affidavit said.
According to the El Paso County Sheriff’s Office, one of the bullets struck Herrera on the back of the head while several others hit his body armor.
Chavez’ girlfriend, who was inside the car at the time of the incident, later told investigators that she saw Chavez get the 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,” according to documents.
Sheriff Richard Wiles said he will be asking the El Paso County District Attorney’s Office to seek the death penalty for Chavez. The DA’s office sent the following statement to KTSM:
“The killing of Peter Herrera, a deputy with the El Paso County Sheriff’s Office, is presently under review by the District Attorney’s Office,” the statement said. ” A decision on whether to seek the death penalty will be made after a thorough consideration of all the facts and circumstances surrounding this crime.”
Chavez is currently being held at the El Paso County Jail. In addition to the capital murder charge, he is also charged with unlawful possession of a firearm by felon, aggravated assault, criminal mischief, and possession of a controlled substance.
This is not the first time Chavez has found himself in legal trouble.
Court records obtained by KTSM show he was previously arrested in September 2018 on suspicion of domestic violence and criminal mischief charges.
According to the documents, Chavez was confronted by a girlfriend for allegedly cheating on her.
The girlfriend told officers that Chavez then “grabbed her by the throat and arm, picked her up and tossd her around like a rag doll,” the complaint affidavit read.
In the kitchen, the girlfriend ripped Chavez’ necklace off and he allegedly bit her thumb.
Chavez also allegedly slapped her several times with the back of his hand as she tried to get away.
As she tried to leave, Chavez allegedly grabbed her cell phone and smashed it on the concrete driveway.
According to documents, the girlfriend then saw El Paso Police officers and ran up to them yelling, “Help me, help me.”
Other court documents allege that Chavez sold a controlled substance Dec. 13, 2017. He also reportedly sold marijuana to an undercover officer on Dec. 11, 2017.
Chavez is currently being held at the El Paso County Jail.