DA drops assault charge against man in nightclub shooting
March 22, 2013 at 11:03 p.m.
Updated March 21, 2013 at 10:22 p.m.
The state dismissed the aggravated assault with a deadly weapon charges levied against a Missouri man.
Jeremy Altis, 33, instead pleaded guilty earlier this week to unlawfully carrying a weapon - a Hi-Point model C-9 9 mm Luger - and paid a $4,000 fine.
Altis was arrested along with Antonio DeLeon, 38, of Victoria, after a shot was fired during the early morning hours of Dec. 4, 2011, in the Cactus Canyon parking lot at 3613 N. Navarro St.
No one was injured, but witnesses said they saw Altis speeding away from the scene in a gray Toyota Tacoma. Police later found the Hi-Point in the vehicle's center console, according to earlier reports.
Assistant Criminal District Attorney Eddie Wilkinson said the outcome was not the same for Altis because there wasn't enough evidence to prove that Altis "aided or encouraged" DeLeon in the crime.
Defense Attorney George Filley said a later investigation revealed Altis didn't know DeLeon before the shooting.
He said DeLeon ran and hopped into Altis' vehicle after he got into an argument with some oil-field services workers outside the club. Filley said DeLeon then grabbed Altis' registered gun to fire shots into a crowd from the passenger's side window.
"The original charge was based on what the state of the investigation was that night," Filley said. "The weapon was not illegal until it was in plain view, and because it was in plain view, the passenger got a hold of it."