Questions surround a police shooting involving an Abilene man who is expected to go to trial.
Robert Guevara Jr., 38, is accused of aiming a gun at officers, including one who then shot him on Jan. 22, 2023. He is behind bars awaiting a reset of his trial date at the Taylor County Courthouse. Guevara suffered a gunshot wound to the torso.
The questions stem from discrepancies in Abilene Police Department accounts of the shooting. Also, the APD filed a legally required report over one year late with the Texas Attorney General's Office.
Accounts of the incident that led to charges against Guevara differ between an APD press release from the day it happened and court documents filed by an APD officer one day later.
In addition, law enforcement agencies are legally bound to file a report with the AG's Office on any officer-involved shooting that causes death or injury within 30 days of the incident.
Repeated online searches beginning last week of a public database maintained by the AG's Office of such reports did not turn up a report on the Guevara incident. It showed up in the database Monday, the day it was both received from APD and uploaded by the AG's Office.
Notably, the missing report appeared in the AG's database after The Reporter-News requested information on it.
Rick Tomlin, public information coordinator for Abilene police, did not respond to requests for information emailed on Thursday.
In any case, Guevara faces four charges in connection with the incident: a first-degree felony count of aggravated assault against a public servant, one count of felony possession of methamphetamine, one count of endangering a child and a fourth count of theft of a firearm.
He was being held Tuesday in the Taylor County Jail on $4 million in total bonds, according to online jail records.
Anyone charged with a crime is presumed innocent until proven guilty beyond a reasonable doubt in court.
The previously missing report
While the press release about the incident and the criminal complaint offer two different storylines, it begs the question as to why APD's report on the police shooting was filed approximately a year and a half late with the AG's Office.
Law-enforcement agencies must file a report if a peace officer "discharges a firearm causing injury or death to another," according to Texas law.
The incident with Guevara, however, did not appear in the AG's database until Monday while two other recent Abilene police shootings that left two civilians dead in 2024 appeared within 30 days after those incidents.
'Retrieved a handgun'
The report filed with the AG is straightforward.
It alleged that the person injured in the officer-involved shooting had "carried, exhibited, or used a deadly weapon."
Why then did the press release differ from the court documents?
According to the police press release dated Jan. 22, 2023, concerned neighbors called police dispatch close to 6:30 p.m. after they noticed there was a broken window on a home in the 3500 block of North Ninth Street.
When officers arrived at the scene, they observed an empty vehicle in the driveway.
They noted "what appeared to be illegal narcotics in the vehicle," according to allegations in the press release. As officers began to formulate a plan and walk away from the vehicle, they observed a man approach the driver’s side of the car.
One of the officers "made verbal contact with the individual, identifying himself as a police officer," according to the press release. The officer then ordered the man to show his hands.
The man, instead, according to allegations in the release, "reached towards the back of his waistline and retrieved a handgun." The officer subsequently fired at the man, striking him at least once in the torso area.
"Officers determined that a child was in the vehicle during this incident," according to the press release.
The unharmed child was "quickly removed from the area and reunited with family."
Officers on scene began to provide medical aid to the man, who was transported to a hospital to treat the gunshot wound.
The man was later identified through court records as Guevara, who was 36 at the time of his arrest in February 2023.
What discrepancies?
The original APD press release contained a series of events that led up to the shooting of Guevara by Abilene police officer Kyle Lassetter. The court documents differ here, however.
The complaint filed one day later on Jan. 23, 2023, states that Guevara not only retrieved a handgun, but he also "displayed it in the direction of the officer."
Additionally, the complaint states that the officers saw that Guevara "was carrying a small child" and had placed that child in the backseat before the shots were fired.
Why did the storyline differ one day later? When did the officers observe the small child, and did Guevara actually point a handgun at officers as alleged?
The Reporter-News filed an open records request June 4 with the city of Abilene to obtain the body-worn camera and police-vehicle footage from the incident. The city has 10 days to respond to the request and had not responded by Tuesday morning.
According to inmate correspondence filed Nov. 15, 2023, Guevara said "I know I'm innocent...I am not a criminal."
What did local law enforcement officials say?
The Reporter-News reached out to Tomlin at APD for a comment as to why there were discrepancies between accounts in the department's media release and the complaint.
He replied with the following statement: "Commenting on any court proceeding without proper documents to rely on would be disingenuous. The Department will let the judicial system/process proceed before making any comment."
The Reporter-News followed up to ask why a report on the shooting had apparently not been filed with the AG's Office as of last week. APD did not respond. Instead, they filed the report approximately a year and a half late.
More on the trial delayTrial reset for man who allegedly pulled gun on APD and got shot by a cop
The second officer involved shootingTroubled past: Details emerge on man killed in Abilene's second police shooting
First officer involved shooting of 2024UPDATED: New details emerge, police release name of woman killed by APD in standoff
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