The man Garland police believe drove the gunman to and from a gas station where three teenage boys were killed and another was wounded Sunday evening has turned himself in, and 14-year-old whom authorities initially believed was the shooter has been released, police said Tuesday.
Richard Acosta Jr., 33, of Garland was arrested Monday on suspicion of capital murder, police said in a news release. His bail was set at $1 million, and it was unclear whether he had an attorney.
On Monday, Garland police Chief Jeff Bryan said authorities had taken a 14-year-old boy into custody and believed he was the shirtless male seen in surveillance footage opening the front door of the Texaco in the 700 block of West Walnut Street and firing at least 20 rounds about 7:30 p.m. Sunday.
But the teen has since been released and is not facing charges, police said Tuesday.
“Detectives learned that the 14-year-old male who was taken into custody yesterday has intimate knowledge of the shooting and he is cooperating with the investigation,” police said in a written statement. “Based on new information in the investigation, the 14-year-old is not being charged at this time, and has been released to his family.”
Lt. Pedro Barineau, a police spokesman, said new evidence “does not solidify” the 14-year-old as the shooter. He could still face other charges but did not as of Tuesday afternoon, Barineau said.
Barineau would not say how police identified the teen as a suspect but noted that he has “a lot of similarities” to the gunman’s physical description.
The teen has spoken to police and revealed “intimate knowledge” of the shooting, Barineau said, adding that it’s possible the teen has been communicating with those involved in the incident.
Barineau would not say whether police have identified another suspected gunman.
The shooting killed three teen boys — 14-year-old Xavier Gonzalez, 16-year-old Ivan Noyala, and 17-year-old Rafael Garcia — and wounded a 15-year-old cook in the store.
Authorities believe the shooting was in retaliation for a previous incident. Police believe the shooter was targeting at least one person inside the store, but they did not say whether any of the victims were the shooter’s intended target.
Two of the victims had come into the store together, Bryan said. Another was already inside the store and was buying food for his family, Bryan said.
Garland police are seeking this pickup in connection with the fatal shootings of three people and critical injury of a fourth at a gas station on Sunday.
Surveillance video showed the gunman and a driver stop a white, four-door Dodge Ram 1500 pickup in front of the store. The gunman got out, crouched as he walked along the store’s windows, opened the door and began shooting a .40-caliber pistol with an extended magazine, Bryan said.
The shooter then got in the rear passenger side of the truck and the driver sped off before police arrived.
Garland Mayor Scott LeMay said “no amount of police work” could undo the tragedy.
“I can only imagine what their families are going through right now,” LeMay said of the victims. “They had their entire lives in front of them.”
LeMay added: “These are kids, and that is just absolutely tragic.”
Council Member Deborah Morris, whose district includes the Texaco, said that “this senseless shooting — kids killing other kids — has left our community … stunned and shaken.”
“We’re all praying for the surviving teen’s recovery, and for comfort for the families,” she said.
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