Saturday, December 22, 2007

Texas: Confrontation ends in fatal shooting

Conroe, Texas

From the Conroe Courier of December 22, 2007
Confrontation ends in fatal shooting

Police said a disagreement between two men in a local bar transitioned to angry text messages after the bar closed, then escalated to a physical confrontation that resulted in gunfire at an apartment.

Conroe police said 25-year-old Austin Revel Cargill allegedly shot and killed Jordan Robert Eakins, 26, around 2:45 a.m. at Cargill's residence in the Forest Creek Apartments off of North Loop 336.

Conroe Police Sgt. Bob Berry said Cargill was answering questions, but no charges have been filed.

"Once we received his statement, compared it with the evidence at the scene and presented the case to the District Attorney's intake division, it was concluded that there would be no arrest at this time," Berry said. "So far, the information we have is consistent and reasonable to believe in this case the complainant (Cargill) acted within the scope of the law."

A grand jury will hear the case and determine what, if any, charges will be filed.

...

Berry said it has not been determined what caused Friday's fatal confrontation. While the Police Department would not release the text messages exchanged, Berry said Eakins threatened to harm Cargill in the messages.

Eakins allegedly went to Cargill's residence and "began causing a disturbance at the front door of his apartment," which Berry said was confirmed by witnesses as well as the first 9-1-1 call made by Cargill.

"Cargill advised Eakins to leave and to stop beating on his door, then Cargill observed Eakins walk down the stairs in front of the apartment," Berry said. "Cargill unlocked the door and opened the door to see if Eakins was gone, which is when Eakins allegedly charged up the stairs and confronted Cargill in the doorway."

Berry said Cargill went back inside and warned Eakins not to come inside, saying he had a gun.

"Eakins allegedly lunged at Cargill through the open door and began to assault Cargill, causing both subjects to land on the floor," Berry said. "Cargill was still holding the weapon and was able to shoot the victim in the torso."

Cargill fired seven shots into Eakins with his Smith and Wesson .22-caliber semiautomatic pistol, Berry said.

He then called 9-1-1 a second time at 2:45 a.m. and said he shot the intruder, Berry said.

Medics transported Eakins to Conroe Regional Medical Center, where he was pronounced dead. Precinct 1 Justice of the Peace Lanny Moriarty ordered an autopsy.

Cargill had superficial injuries supporting his claim he was attacked, Berry said.

Investigators interviewed witnesses at Molly's Pub, located on North Loop 336, where the conflict allegedly started. Manager Daniel Hallock said he was shocked about the shooting. He said Eakins was a regular customer and liked by everyone.

"I've known Jordan for years," Hallock said. "He was a very laid-back, nice guy."
Hallock could not remember Cargill but said he and other employees agreed the name was familiar.

What surprised Hallock most, he said, was hearing police say the problem started at Molly's.

"Nothing happened here. There was no fight, no brawl, no altercation," he said. "As far as I know, he left here just fine and didn't seem intoxicated."

Hallock was so troubled by the news, he questioned his staff, including the bartender.

"I looked at (Eakins') tab, and he didn't drink very much," he said.

Berry said officers did not detect the odor of alcohol on Cargill or believe he was intoxicated.

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