WICHITA FALLS ( KFDX/KJTL ) — The arrest warrant affidavit for the suspect in a fatal shooting at the West End Pub reveals why police believe evidence, witness statements, and video recordings justify a murder charge and disprove the suspect’s changing versions of what happened.

The suspect, Marcus Fonseca, 20, is jailed with a $750,000 bond.

Police said numerous aspects of Fonseca’s account of how the victim, Giovanni Cesar, 27, was shot in the head did not match the evidence.

Police obtained several video recordings made just before and after the shooting early on the morning of September 14.

They said that the video showed Fonseca walking through the parking lot with his right hand in his pocket before the shooting, and two black males appeared to be yelling at him. Police also said Cesar is seen walking at a normal, non-aggressive pace before one gun flash is seen and Cesar falls to the ground. Fonseca then runs toward the parking lot between West End and Stripes. Multiple gunshots from the adjacent parking lot are then seen or heard.

Approximately 45 minutes after the shooting, police were informed there was a man with a gunshot wound to the ankle in the E.R.

When police arrived and before they began any formal questioning, they said Fonseca stated, “I didn’t mean to kill him.”

Then, in his first statement, police said Fonseca said he had been sitting in his car before the shooting and saw his friends being surrounded by a group of people, so he got his gun and went toward them.

Fonseca said he was then confronted by a black male, and he tried to back off, but the man pulled out a gun, so Fonseca shot him.

In a second interview, after Fonseca had been transferred to a Fort Worth hospital, detectives said he told them Cesar had made multiple threats before pulling a gun and shooting Fonseca in the leg, and that is when he returned fire and ran.

Detectives said Fonseca’s stories changed significantly during the questioning.

They said Fonseca’s version that Cesar pulled a gun and shot him in the leg before he shot Cesar is not supported by evidence, including:

• Videos do not show any weapons being pulled by the men yelling at Fonseca before Fonseca shot Cesar.
• The men who were yelling at Fonseca before the shooting told police they saw Fonseca had a gun, and they were yelling at him that they did not have guns and that there was no reason for him to have a gun.
• After Cesar is shot, Fonseca is seen running off with no apparent injury or impairment.
• There was no blood trail leading from the initial scene to where Fonseca ran to his car.

Police said they found several spent shell casings of the same brand that were in Fonseca’s gun, as well as a pool of blood where Fonseca’s car was parked.

This supports statements from witnesses that after Cesar was shot, Fonseca ran and got in a gunfight in the adjacent parking lot with unknown persons, with multiple other shell casings found on the scene. Police said that is where and when Fonseca actually was shot.

Other interviews revealed that after being shot, Fonseca drove to the Target on Kemp and was picked up by friends and taken to a house on 14th Street.

They said Fonseca did not want to go to the hospital or call the police, and they stayed there trying to stop the bleeding before deciding he needed to go to the hospital.

Police said the wound on his right leg hit the bone, and there was bone protruding out of the wound.

Investigators said the interviews, evidence, and video from bystanders and dash cameras show there was no imminent threat of deadly force to Fonseca before he fired the fatal shot.

This is a developing story. Stick with Texoma’s Homepage for updates as more information becomes available. All individuals charged with a crime are presumed innocent until proven guilty in a court of law.

Thanks for signing up!

Watch for us in your inbox.

Subscribe Now

Daily News

For the latest news, weather, sports, and streaming video, head to Texomashomepage.com.