Prosecutors in Hays County say they have reached a plea agreement with a Luling teen initially charged with capital murder after a botched home invasion in San Marcos resulted in two of his accomplices being killed by a resident.

Frank Castro, 19, was accused of breaking into a San Marcos home along with three other teens in September 2009 to steal marijuana from a person who lived there. A resident of the home shot three of the teens, killing two of them and injuring the third.

Castro was later indicted on a charge of capital murder and two counts of murder and aggravated robbery. But Hays County Assistant District Attorney Fred Weber said Tuesday that prosecutors and Castro’s attorney worked out an agreement in which the teen will plead guilty to aggravated robbery and burglary of a habitation.

If the agreement is approved by a judge, Castro will serve five years in prison and be on probation for 10 years, Weber said.

“We feel that the long term interests of the community are better served by recognizing both the need to punish Mr. Castro for his conduct as well as address the prospects for rehabilitation of Mr. Castro, who was 17 years old at the time of the offense,” Weber said. “We feel that this agreement will take both of those objectives into consideration.”

Prosecutors said Castro was charged with capital murder because two people were killed in the commission of a robbery and with two counts of murder because the robbery was “an act clearly dangerous to human life which resulted in the deaths of the two juveniles.” Officials have said Castro could be held legally responsible for the deaths of the two teens because he was involved in the commission of a crime in which they died.

The residents, whom police did not identify, were not charged.

About 2 a.m. on Sept. 4, 2009, Castro, along with 16 year old’s Rudy Tinoco, John Alvarez III and Jordan Mendez, entered the home in the 900 block of Chestnut Street armed with pellet guns, a pellet rifle and a Ruger pistol, according to Castro’s arrest affidavit.

Castro told police that a resident at the house was known on the street as “Harry Potter” and sold large quantities of marijuana, the affidavit said. Castro said they went to rob the man, but when they went inside, a resident of the house began shooting, the affidavit said.

Tinoco and Alvarez were fatally wounded. Castro, who was unharmed, fled the home when the shooting started but was arrested after he returned to the scene, officials said.

The other alleged intruder, Mendez, has a pending court case, Weber said.

If you have been charged with murder, sex crime, assault, etc., please contact The Law Office of Hector Gonzalez III at (512) 222-4140 for your free consultation.

Law Offices of Hector Gonzalez III - 512-501-2344
700 Lavaca St Suite 1400, Austin Texas 78701

Officers with the Austin Police Department arrested a man on burglary charges after a woman awoke Saturday morning to find him sitting next to her on her bed wearing her bath towel.

Police were dispatched to an apartment in the 10400 block of Lamar Boulevard around 11:30 a.m. Saturday where they met with a woman who said she woke up to find her kitchen window open and a “strange naked man,” later identified as Nahun Nieto-Carcamo, sitting on her bed.

Police said when she asked what he was doing in her home, Nieto-Carcamo reportedly said, “Don’t you remember me?”

The woman told police that Nieto-Carcamo casually walked into the kitchen and sat down at the kitchen table. She then asked Nieto-Carcamo what he was doing he replied, “You let me in.” The woman noted a strong smell of alcohol coming from Nieto-Carcamo and a pair of his soiled underwear in her trash. The woman’s boyfriend was sleeping in another room and was awakened by the commotion. The woman told police that Nieto-Carcamo asked them if they had a pair of boxer shorts he could borrow.

Officers placed Nieto-Carcamo under arrest on charges of burglary of a habitation.

If you or someone you know is being charged with a crime such as drug possession, DWI, family violence, etc., and need someone to represent you, please contact the Law Office of Hector Gonzalez III at (512) 222-4140 for a free consultation.

Law Offices of Hector Gonzalez III - 512-501-2344
700 Lavaca St Suite 1400, Austin Texas 78701

One man’s drinking habits may have helped land him in jail on Tuesday, according to police.

Officers with the Austin Police Department were dispatched to 2008 Highlands Drive to a burglary-in-progress call.

When police arrived they noticed a man who seemed upset. The man told police when he arrived home earlier that evening he noticed a white ice chest in his driveway.

The man opened the ice chest and saw several ropes, strap ties, a pair of bolt cutters and a tarp inside the chest. The homeowner went inside. That’s when he noticed a man later identified as Gilberto Campos-Alanis, 26, standing in his kitchen looking through cabinets, he told police.

Campos-Alanis said he was checking the house.

The homeowner called 911 and grabbed a flashlight from the man, which belonged to the homeowner.

The owner said Campos-Alanis ran to his 2004 Ford Explorer and drove away. Police caught him later near State Highway 71 and State Highway Loop 620.

Police found a plastic grocery bag on the kitchen counter filled with Shiner beer and a Rolex Oyster watch. They also found a flat-screen TV as well as two red ice chests, which belonged to the victim’s veteran uncle, in Campos-Alanis’ truck.

Campos-Alanis has been charged with two counts of burglary of habitation. He is being held in the Travis County Jail on a bond of $20,000.

If you or someone you know is being charged with a crime such as drug possession, DWI, family violence, etc., and need someone to represent you, please contact the Law Office of Hector Gonzalez III at (512) 222-4140 for a free consultation.

Law Offices of Hector Gonzalez III - 512-501-2344
700 Lavaca St Suite 1400, Austin Texas 78701