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Evidence in cab led deputies to suspect

Deputies follow trail of evidence to suspect's door

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Andrew Nieto Andrew Nieto
  • TO HELP SONNY DAVIS

    Cesar's Taxi is collecting donations to help pay Sonny Davis' medical expenses, driver Kay Evans said.

    Davis is listed in stable condition at Brooke Army Medical Center in San Antonio. Davis has no insurance, Evans said.

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  • TO HELP SONNY DAVIS

    Cesar's Taxi is collecting donations to help pay Sonny Davis' medical expenses, driver Kay Evans said.

    Davis is listed in stable condition at Brooke Army Medical Center in San Antonio. Davis has no insurance, Evans said.

    Donations can be made in Davis' name at First National Bank of Victoria or by calling 361-220-1456.

Evidence in the taxi read like a roadmap to the suspect.

Before he was shot early Saturday morning, 31-year-old Sonny Davis wrote "Andrew" into his log book, alongside the address 3402 Flamingo. The destination, Crescent Valley.

The last call Davis took came from a cell phone in 17-year-old Andrew Nieto's name. The GPS in that phone traced Nieto to his door, according to an affidavit by Cris Barker, investigator with the sheriff's office.

Nieto was arrested Monday and charged with aggravated robbery.

Barker first spoke with Nieto on Saturday, according to her affidavit. Nieto and his grandmother were at his mother's home in the 2500 block of Mockingbird Lane.

The grandmother told investigators Nieto called her at 6:30 a.m. to ask for a ride from the Bloomington Highway.

Davis was shot in the 100 block of Old Bloomington Road.

Nieto's uncle picked up the teen and his friend, according to the affidavit.

Nieto let investigators test his hands for gunpowder residue and gave them the clothes he was wearing during the shooting Saturday.

Nieto also admitted he was in the cab. With him was a friend and a black man he could only identify as "Buga," Nieto told investigators.

Buga shot the cab driver and ran in the opposite direction of the friend and Nieto, he said.

Investigators identified Nieto's friend, who lives a few doors down from the Flamingo Drive home where Davis picked the two boys up.

Both the friend and Davis said the black man Nieto described did not exist, according to the affidavit.

In a later interview, Nieto also offered an explanation for gunpowder residue on his hands, according to the affidavit. Nieto was at a friend's house, where a younger boy had a cocked handgun, he said. Nieto did not think the boy should have the gun, so he took it and fired it into the ground at nearby railroad tracks.

Nieto is being held at the Victoria County Jail in lieu of $100,000 bond.

Davis was listed in stable condition at Brooke Army Medical Center in San Antonio.


Comments


  • Smooth move! DUMMY !!! {Nieto} thats 1 mistake he'll NEVER make again!! LOL !!

    November 9, 2009 at 10:13 p.m.

  • I can't believe that anyone would try to minimize this kids actions. If someone would have held him accountable a long time ago this may not have happened. At this point he's going to reap the consequences of his decisions and I can only hope he has to go away for a long time to a very bad place and is tormented daily. What a piece of trash. he's just sucking up our resources on this earth.

    November 7, 2009 at 9:56 a.m.

  • familyfriend..."i have known andrew since he was little he has never been a violent person or had any instances of violence in his life at all."

    He sounds like a real star in the making. Most thugs start small, shoplifting, vandalism, etc. Then they work their way up; stealing cars, burglary. Not THIS kid! According to you, the very first time he EVER did anything remotely bad was to shoot an innocent person in the head! Gee, with a start like that, one can only wonder at the heights he could have acheived as a criminal -- if only he hadn't been caught. Tsk, tsk. Now, he'll spend his most productive criminal years as a guest at the Huntsville Hilton where, I'm sure he'll get a post graduate course in How To Be A Thug. Of course, by the time he gets out, he'll be a little old thug usetabe. I hope he gets a cellmate nicknamed "Tiny."

    November 5, 2009 at 10:31 a.m.

  • family Friend,
    "he has never been a violent person or had any instances of violence in his life at all."

    Oh no... shooting a man in the head isn't violent now is it?

    You ever hear the phase, "He was such a quiet boy", whenever someone speaks of a mass murderer? It is always the "nice ones", the "quiet ones"
    Give me a break already.

    Also keep in mind the adage "A thousand attaboys can be erased by one oh sh**!"

    I dont care if the boy had been a saint up until this point... Shooting someone in the head is a pretty big OH SH**! in my book!

    Family Friend,
    "Also the other kid was with andrew and knows what happened so he needs to speak up and admit what he knows"

    ummm... He DID!
    He blew away Nieto's BS excuse that a black man named "Buga" did it. Both the kid who was with Nieto and the taxi driver confirmed there was no fourth person in the cab, just Nieto, his friend, and the taxidriver.

    You say that Nieto was influenced by the wrong crowd? I would have to agree in part with that statement. Since you claim to be a family friend and seem to be trying to offer up all sorts of excuses as to why it's "not his fault" I would have to say that it is likely that YOU are a part of that "wrong crowd"

    It's called personal responsibility
    Learn it
    Live it

    November 5, 2009 at 9:44 a.m.

  • Really familyfriend really? Has he ever been arrested? If so for what?

    November 4, 2009 at 8:39 p.m.

  • i have known andrew since he was little he has never been a violent person or had any instances of violence in his life at all. Also the other kid was with andrew and knows what happened so he needs to speak up and admit what he knows and not say he knows nothing cause he is just as much involved as andrew.

    November 4, 2009 at 8:25 p.m.

  • Good job Nieto for taking the cocked handgun away from the boy! You set a great example for other teenagers!

    November 4, 2009 at 4:24 p.m.

  • See... Nieto is really just a good guy who was just trying to protect a young kid - why, he's actually a hero! Of course that's also a pretty stupid alibi, but what are ya gonna do? Maybe he was too upset and/or troubled about his mom to think of a better one.

    ("Nieto was at a friend's house, where a younger boy had a cocked handgun, he said. Nieto did not think the boy should have the gun, so he took it and fired it into the ground at nearby railroad tracks".)

    Guess it was lucky that a train wasn't going by at the time.

    November 4, 2009 at 4:07 p.m.

  • I just want to say that Sonny is related to me AND we know the Nieto's, this is very sad for both families. Please pray for our youth,families and this town.

    November 4, 2009 at 3:29 p.m.

  • This comment was removed by the site staff for violation of the usage agreement.

    November 4, 2009 at 2:18 p.m.

  • Jones..."I understand by your name that you are a family friend of the criminal in this case and clearly you have a bias. but DO NOT come on here offering up BS excuses for the actions of a punk criminal. NOTHING in his "troubled" background justifies or excuses his behavior. So do not even try!"

    Wow! I posted on my calendar that you and I agreed about something. Very well said.

    November 4, 2009 at 2:15 p.m.

  • To Family friend: Oh I feel so sorry for Nieto...... However, since he is aware of pain and heartache(his Mom's problems), why did he choose to inflict pain and heartache on some other family that he didn't even know? He tried to take a life! What do you think of that? Did that make him or his Mom feel better? I say he'll just do it again soon if he doesn't go to the big house for a long,long time. Show the same mercy he showed to his victim. He needs to be put away so he is not able to influence others to join him. He is a bad influence.I hate that my tax dollars are going to feed and shelter him.

    November 4, 2009 at 1:53 p.m.

  • re: Familyfriend post, MANY,MANY teenagers have traumas occur too soon in their young lives, HOWEVER that cannot be an excuse for inappropriate behavior, Nieto made an adult decision, now he must face the adult consequences. If their are no consequences he can go through the rest of his life using "I had a hard time as a teenager" as an excuse. I would also be willing to go out on a limb & say he would probably snap again & the next time some hard working person could & probably will be murdered. I sure this post will rankle some, but the truth is this young man DID make a very bad decision & must pay the price.

    November 4, 2009 at 1:27 p.m.

  • FamilyFriend,

    Sure, "nice boys" go around all the time shooting people in the head.

    "oh he is just troubled" or "influenced by the wrong crowd" or "He is going through a lot right now"

    There are plenty of people who have gone though just as much if not more than him and DON'T go around shooting innocent people for it.

    There are plenty of people that have lived in less than ideal circumstances, hung with the "wrong crowd" and not gone the way of Nieto.

    That my friend is a cop-out. and excuse. a poor one at that.

    But that is part of the criminal mentality. It is never their fault. Blame it on everyone but themselves.

    The Robber busted for breaking and entry blames the neighbors for callign the police. It is never his fault for actually commiting a crime! God Forbid we blame the criminal!

    A criminals actions destroys TWO families.
    The Victim's, and the criminal's own family.
    I understand by your name that you are a family friend of the criminal in this case and clearly you have a bias. but DO NOT come on here offering up BS excuses for the actions of a punk criminal. NOTHING in his "troubled" background justifies or excuses his behavior. So do not even try!

    November 4, 2009 at 1:22 p.m.

  • As to the charges,

    Under Texas Law there is no actual charge of "Attempted" anything. That is a product of the media.

    "Attempted" murder is actually aggravated assault with bodily injury.

    As to robbery, I dont remember reading where the taxi driver was robbed of anything.
    at the most, a case could be made for "theft of services" by his not paying for the taxi ride.

    As to the friend not being charged. There is nothing I have read in the articles (being the only source I have to go on) that would suggest he was a willing accomplice. At most he was a friend just as shocked by Nieto's actions as the victim himself and probably in shock and too scared to go to the cops. It is clear that he is fully cooperating with officers and that is probably why he is not charged.

    Personally I think that a criminal should always be charged with whatever crime was attempted, not the actual crime committed.

    In this case, Nieto should be charged with murder even though his victim lives. Murder is what he intended. We all should thank God or our lucky stars that he is a bad shot. But he should be charged with the intended result, not the actuality.

    Should a crook get a lighter sentence just because he was inept?

    November 4, 2009 at 1:13 p.m.

  • i believe all parties involved should b arrested they r accomplices they need to look for the bullet by the rr tracks and continue to look for the weapon the gentleman was not murdered and is in stable condition so i feel the police know what they r doing with the charges against andrew. this is a case of him being influenced by the wrong crowd. andrew is really a nice boy i have personally seen this he is just troubled he just suffered through him mom having a serious car accident and seening his mom onlife support and almost losing his mom. and now having to see the struggles she is going thru now that is a lot for a teenager like him to endure.

    November 4, 2009 at 12:56 p.m.

  • Lets hope the police really have evidence this time. Law enforcement are so use to open shut cases with little investigating. Victoria is known for Guilty until proven Innocent.

    November 4, 2009 at 12:45 p.m.

  • Good police work like this should always trump gut feelings and intuition.

    November 4, 2009 at 11:32 a.m.

  • I believe Nieto would have to be classified to stand trial as an adult and could receive punishment for aggravated robbery, considering it is classed as a first degree felony punishable by 5 to 99 years or life in prison with a fine of up to $10,000.

    Was that his intent to go to the big house for a long time??? hummm, he should know he would be an old man after those years behind bars...

    November 4, 2009 at 11:23 a.m.

  • I can't specifically answer why he was charged with aggravated robbery vs. attempted murder, but I can tell you this:
    Aggravated robbery is a first-degree felony. Murder is also a first-degree felony. But according to the penal code criminal attempts are one category lower than the attempted offense. My understanding is attempted murder would be a second-degree felony, with somewhat lighter sentencing possibilites than a first-degree felony.

    November 4, 2009 at 10:13 a.m.

  • because just being with some1 stupid enough to do something like that doesn't make you guilty, you got to prove that the friend knew what nieto was going to do and still went along with it.

    November 4, 2009 at 10:04 a.m.

  • Why is the friend not being charged as well? Why is this SOB only being charged with robbery and not attempted murder?

    November 4, 2009 at 9:46 a.m.

  • Why is he not charged with attempted murder and robbery?

    November 4, 2009 at 9:17 a.m.

  • the friend that was with neito why is he not considered a suspect also?

    November 4, 2009 at 7:53 a.m.

  • I see another hung jury in the making.

    November 3, 2009 at 11:16 p.m.