San Marcos Mercury | Local News from San Marcos and Hays County, Texas
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June 12th, 2008
‘Joyride’ with toy gun leads to felony charges

Managing Editor

Two San Marcos mens’ Wednesday night drive in a reportedly stolen car during which they intimidated other drivers with a BB gun have landed them in jail facing felony charges including aggravated assault with a deadly weapon.

Eric Gonzales, 24, and Carlos Ruiz, 23, took a black Honda Civic from a Saltillo Street home and minutes later showed up at a residence in the Kelsea Place apartments, San Marcos police Sgt. Fred Wisener said. Greeted at the door, Gonzales displayed what appeared to be a hand held assault gun. Not long afterward, an off-duty police officer reported a Hispanic male flaunting what appeared to be a gun while driving on CM Allen Parkway. At about 9:15 p.m., Texas State University officers stopped the vehicle on Hopkins Street near Charles Austin Drive and arrested Ruiz and Gonzales.

“They turned a joyride and a toy gun into two felonies,” Wisener said.

They are charged with aggravated assault with a deadly weapon, a second-degree felony punishable by two to 20 years in prison, and unauthorized use of a motor vehicle, a state jail felony punishable by 180 days to a year in jail.

The gun recovered from the missing vehicle is a CO- and air pressure-powered BB pistol manufactured to resemble a Kel-Tec assault weapon, Wisener said. A BB gun by itself is not necessarily a deadly weapon but the aggravated assault statute applies to threats that causes the victim to fear for his life or safety, Wisener said.



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