Affidavit: Man facing murder charge in southeast Austin shooting had outstanding warrant

AUSTIN (KXAN) — A man facing a murder charge in connection with a southeast Austin shooting that left one person dead had an aggravated assault warrant out for his arrest at the time of the shooting, according to City of Austin court documents.

Steve Gonzalez, 25, died in the shooting, which happened just before 6 p.m. on Sunday, Sept. 8. The suspect was identified by Austin police as Martin Tovar, 26.

KXAN reached out to Tovar’s attorney to ask for a comment on this case. We will update this story if we receive a response.

Austin Police Department officers responded to a home in the 2500 block of Teri Road after receiving calls related to the shooting.

According to APD, the first caller told 911 dispatch her husband “was in a verbal and physical disturbance” with another man. That man then returned with a gun, according to police. The second caller said their “uncle had been shot.”

Both callers were later taken to APD Headquarters to provide witness statements, which were detailed in an arrest affidavit obtained by KXAN from City of Austin municipal courts. The callers will not be identified in this article, but will be referred to as “Witness 1” and “Witness 2.”

Witness 1 told police family members and friends gathered at her house to eat and play poker. Witness 1 said one of the men there accused Steve Gonzalez of cheating at the game, which started a fight. Two of the other people there — one of them being Martin Tovar — then tried to break up the fight, which escalated further, according to the affidavit.

After that, Witness 1 saw Gonzalez go outside and walk toward the street. The affidavit said Witness 1 heard Gonzalez “making a threat” that he would “return and they would see what happens.”

According to the affidavit, Witness 1 said they saw Tovar walk to his truck, pull out a handgun, then shoot three times into the ground. Witness 1 said Gonzalez then started walking back toward the house and Witness 1 believed he also had a handgun because he “kept reaching toward his waistband area,” according to the affidavit.

The affidavit said Witness 1 then gathered the children who were there and took them back inside and heard three more gunshots while inside. Witness 1 said they saw Gonzalez lying on the ground and Tovar getting into his truck, according to the affidavit.

Witness 1 also said Gonzalez had sold the same handgun to Tovar that morning, according to the affidavit.

Witness 2 told police they did not see the physical altercation earlier in the evening but witnessed the shooting, the affidavit said.

According to the affidavit, Witness 2 heard screaming coming from the garage and went to see what was going on, and saw Tovar pull out a handgun from his waist, point the gun at Gonzalez, and fire three times. Witness 2 said Tovar then got in his truck and left, the affidavit said.

APD later located Tovar and took him into custody. A record check revealed Tovar had an outstanding warrant for an aggravated assault, according to the affidavit.

Tovar also gave a statement to police, the affidavit said. He told police about the fight that happened between Gonzalez and another man earlier in the evening and said Gonzalez pulled out a handgun, the affidavit said.

According to the affidavit, Tovar told police he “reached for Gonzalez’s hands and couldn’t remember and doesn’t know how the handgun fired three times.” He also told police he was afraid and left the scene after Gonzalez fell to the ground, the affidavit said.

The affidavit noted that during the investigation, no witness reported seeing Gonzalez with a gun or any weapon during the incident.

Tovar faces a charge of murder in connection with the shooting. He is being held in the Travis County Jail with no bond set as of Sept. 11.

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