An Odessa man convicted on one of three aggravated assault charges he faced in connection with a triple shooting received a suspended sentence Wednesday.
It took an Ector County jury two hours to convict Pedro Antonio Gomez, 30, for his part in the non-fatal shooting of Juan “Charlie” Paez and 45 minutes to give him a 10-year suspended sentence and a $7,500 fine.
Judge James Rush of the 244th Ector County District Court told Gomez he’ll be placed on eight years probation and should he violate that probation he could end up serving up to 10 years in prison. Rush also ordered Gomez to submit to bi-weekly drug tests during the first year of his probation. After the first year it will be up to the judge or the probation department to determine how often he’ll have to drug test.
Gomez was charged with three counts of aggravated assault with a deadly weapon after Elanie Gunter, Gilbert Carmona and Paez were shot outside Gunter’s home on West Fifth Street.
The jury acquitted Gomez on the charges pertaining to Gunter and Carmona, but convicted him on the count pertaining to Paez.
Gomez had been facing a prison sentence of two to 20 years and up to a $10,000 fine.
Carmona, Paez and Gomez worked together in the oilfield and Assistant Ector County District Attorneys Kevin Schulz and Elizabeth Howard presented evidence they said showed Gomez was angry with Paez for several reasons. Not only did Paez owe him $50-$75 for cocaine, but Gomez lost out on $950 in wages because he couldn’t work on days Paez called off from work.
They alleged Gomez drove to the home on West Fifth Street July 21, 2018, with Antonio Herrera, knowing Herrera, 31, would shoot Paez for him because Paez had “snitched” on him in a case that sent him to prison about a decade earlier.
Gunter, who was shot in the leg, and Carmona, who was shot in the stomach, were collateral damage, the prosecutors said.
Under Texas law, even though a defendant may not have pulled the trigger, they can be found guilty of aggravated assault with a deadly weapon if they “solicit, encourage, direct, aid or attempt to aid” another person in the commission of the offense.
Carmona and Paez, who was shot in the scrotum, were on the state’s witness list, but did not testify during the trial, which began on Monday.
During closing arguments, Schulz told jurors that in Gomez and Herrera’s world, “snitches get stitches” and they should not let the absence of Carmona and Paez impact them.
The state prosecuted Gomez to send the message that people like him will be held accountable when innocent victims like Gunter are shot or when other regular citizens are put at risk, Schulz said. The shooting happened a short distance from West County Road.
“If we say anything else we’re empowering him and people like him to do it again and God help us,” Schulz said.
Defense attorney Phillip Wildman Jr. told jurors there is no question Herrera, who pleaded guilty and is serving eight years in the case, is a bad guy. However, he argued the state failed to prove their case against Gomez. Mere presence at the scene isn’t enough, he said.
Gomez, who had driven to Mexico following the shooting, turned himself into authorities after getting a call from the lead detective, Wildman said.
Wildman reminded jurors his client testified he didn’t know his gun was in the car that night and the last thing he told Herrera before getting out of his car to “talk out” his issues with Paez, was for him to stay in the car.
He only drove away from the scene because he was “freaked out,” Wildman said. It wouldn’t have made sense for him to leave Herrera at the scene with a still loaded gun and he wouldn’t have been safe to stay to render aid after giving Herrera the keys to his car.
“I think you can look at Pedro and see he’s not the kind of guy who’s going to shoot someone for $950 or even $75 or $50,” Wildman said, referring to the alleged lost wages and cocaine debt. “Antonio developed the intent to shoot those people way after Pedro got out of the car.”
Wildman said Herrera had to look for the gun because Gomez didn’t remember he had the gun in the car, let alone hand it to him.
“Pedro had no intention for any of this to happen,” he said.
During her portion of closing arguments, Howard dismissed Wildman’s argument.
“Sure, he’s not a person who would shoot someone for $950, but he is the type of person who would bring a known, violent gang member who has shot someone in the past,” to shoot someone, Howard said. “You can bet your bottom dollar he knew exactly what Herrera, his lifelong friend, his childhood buddy, was capable of.”
Howard told jurors Herrera likely thought they were “gullible” and would believe him when he testified that gang members no longer live by the “snitches get stitches” credo.
Wildman was absolutely correct when he said mere presence alone wasn’t enough to convict Gomez, Howard said.
“But Pedro Gomez started the fight. He drove to the fight,” Howard said.
He was the “initiator, instigator, the organizer,” she said.
If he didn’t know what was going to happen, why did he tell Gunter to get inside the house three times, Howard asked.
“He knew exactly what was going to happen. He knew when Tony got out of the car he was going to rock and roll,” she said.
During the punishment phase of the trial, Wildman asked jurors to place his client on probation, noting he has spent most of the last four years in the community without violating the terms of his release on bond. He also noted Gomez has maintained employment.
Gomez was 26 at the time of the incident and his only arrest at that time was for failing to pay fines associated with a speeding ticket. A second arrest was a case of mistaken identity.
Howard told the jury that if they were considering placing Gomez on probation it should be for 10 years, the maximum allowable. If considering a prison sentence, she asked for a five-year sentence.
She asked them if they’d be comfortable running into Gomez at Walmart tomorrow.
When Gomez testified during the punishment phase of his trial he acknowledged that he wasn’t required to drug test or meet with pretrial service officers for more than a year because of COVID-related restrictions.
Howard pointed out that Gomez has chosen over the years to associate with felons and gang members and he’s chosen to use drugs. He has probably never been arrested despite a cocaine habit because he’s good at hiding things, she said.
“Pedro Gomez is not a victim of his circumstances. Pedro Gomez chose to go there that night and he chose to bring Antonio Herrera. He chose to do all the things that led to him being here today,” Howard said.
The prosecutor also pointed out Gomez has never apologized for his part in what happened that night or for not going to the police immediately after the shooting.
“There was no remorse,” she said. “Without Mr. Gomez, we wouldn’t be here. That’s the simple truth of it.”
