Two former residents of the home on 926 Chestnut Street in San Marcos where two intruders were shot to death now face drug charges.
The Hays County District Attorney’s office announced Wednesday that Hays County Precinct 1 Place 1 Justice of the Peace JoAnne Prado has issued arrest warrants against Mark Sidney Smith, 25, and Brian Matthew Smith, 22. They are charged with possession of marijuana under two ounces, a Class B misdemeanor.
At around 2 a.m. on Sept. 4, four teens from Luling entered the home, two of them carrying pellet guns and another carrying a loaded nine mm handgun. When a confrontation ensued between an occupant of the home and the teenagers, a second occupant overhead, retrieved a 40-caliber Glock handgun and went to investigate. Seeing the intruders carrying weapons and wearing bandanas to cover their faces, the resident with the Glock opened fire on them.
John Alvarez and Rudy Tinoco, each 16, died in the shootings. Jordan Mendez, 16, received serious wounds and was transported to Brackenridge Hospital. Mendez was treated and later released, though the DA’s office said he is recovering from his injuries.
Frank Castro, 17 at the time, fled the home unharmed, but returned and was arrested at the scene. Castro later told police that the teenagers entered the home intending to steal marijuana. Castro told police that a male resident known as “Harry Potter” sold large quantities of “dro,” a higher and more expensive grade of marijuana, out of the home.
The DA’s announcement didn’t note if either of the Smith’s was “Harry Potter” or the shooter.
A Hays County District grand jury has indicted Castro on one count of capital murder, two counts of felony murder and one count of aggravated robbery.
The DA also announced drug charges against four other San Marcos residents in separate cases of home invasion. All the charges stem from investigations by the San Marcos Police Department (SMPD) and the Hays County Narcotics Task Force.
City residents were stunned by a string of four home invasions that ended in shootings between Aug. 26 and Oct. 21. Before the Aug. 26 matter, there hadn’t been a homicide in San Marcos since January 2008.
The most serious charges await two residents of 733 Oscar Smith Drive, where an intruder was shot armed with a BB gun was shot by a resident in the cheek, hand and abdomen before escaping on foot. Dennis Andrew Nefedov, 21, received primary care at Central Texas Medical Center (CTMC), after which the SMPD charged him for burglary of a habitation with intent to commit another felony. Nefedov faces five to 99 years or life in prison.
Acting under the authority of a search warrant, SMPD and the Hays County Narcotics Task force searched the home and found illegal drugs. On Nov. 30, Hays County Precinct 1 Place 2 Justice of the Peace Margie Hernandez issued arrest for Beau Allen Stanley, 24, and Haven Dennise Seward, 22.
Stanley is charged with possession of a controlled substance penalty group 1 – methamphetamine – under 1 gram (state jail felony), possession of marijuana under two ounces (Class B misdemeanor), possession of a dangerous drug – Methocarbamol (Class A misdemeanor), possession of a controlled substance penalty group 2 – psilocybin mushrooms – four to 200 grams (second degree felony), and possession of a controlled substance penalty group 1A – LSD – 20-79 dosage units (third degree felony). Seward is charged with possession of a controlled substance penalty group 2 – psilocybin mushrooms – Four to 200 grams (second degree felony).
On Nov. 18, Prado issued arrest warrants against two residents of the University Heights Apartments at 1610 North Interstate-35. On Oct. 20, an apartment resident was shot and SMPD officers caught two San Antonio men after a foot chase in the area. Michael Wilson, 23, and Justin Pickaree, 19, were each charged with assault with a deadly weapon and evading arrest.
Under the authority of a search warrant, SMPD detectives found drugs in the bedrooms of two occupants. Andrue Paul Roundtree, 23, and Rodney Dee Stephenson, Jr., 22, were both charged with possession of marijuana in the amount of two to four ounces, a Class A misdemeanor. The DA’s office said additional charges may be filed pending lab analysis of items seized from the residence.Email | Print