Austin Police Department Case Iii-2071155 D1 0C1 DA CONTROL a: ?05133 THE STATE OF TEXAS IN THE MUNICIPAL COURT COUNTY OF TRAVIS CITY OF AUSTIN, TRAVIS COUNTY, TEXAS AFFIDAVIT FOR WARRANT OF ARREST AND DETENTION The undersigned affiant, Detective a. m: -. #4738 being a peace of?cer under the laws of Texas and being duly sworn, on oath makes the following statements and accusations: I have good reason to believe and do believe that David Garcia-Gonzalez, a Hispanic male, born on 07- 21-1974, further described by F.B.I. Identi?cation Number: and Texas State Identi?cation Number: - .- on or about 3:30 P.M., Thursday, July 26, 2018, at 2305 Burleson Road, Austin, Travis County, Texas, did then and there commit the offense of: Penal Code 29.02 Robbery by Threat Felony 2"d Degree It is the belief of af?ant that the offense of Aggravated Robbery with a Deadly Weapon, in v?ptton of the Penal Code of the State of Texas, has been committed, to wit: ?70 Affiant has probable cause for said belief by reason of the following information: LZ Affiant is Detective EC. #4738, employed as a commissioned peace of?cer with Austin Police Department for over sixteen years. Af?ant is currently assigned to the investigations obbery Unit. Affiant has been involved in hundreds of robbery investigations and currently holds a Misfer Peace (?33 Of?cer certi?cation. Af?ant has obtained the following information through personal knowledge, information provided by Austin Police Of?cers, victim interview, witness interviews, video footage, and information contained in Austin Police offense report number: Iii-2771155. On Thursday, July 26, 2018, at about 3:23 PM. a Hispanic male, later identi?ed as being David Garcia- Gonzalez, approaches the Whataburger located at 2305 Burleson Road, Austin, Travis County, Texas, from the east and then enters into the business. Your Af?ant has reviewed video footage of the incident and has observed the following. While inside the business Garcia-Gonzalez appears to have difficulty maintaining balance while walking and standing. The clothing that has is wearing at the time of the robbery are dark pants, dark shoes, a green ghillie style hat, and a short sleeve button up light blue shirt with a collar and pockets. Garcia-Gonzalez loiters in the business and at about 3:30 PM. the victim, J.S., (fully identified in APD Offense Report 18-2771155), opened the register to count down the money. As .S. is counting down the money in the register Garcia-Gonzalez walks behind the counter to the employee area and grabs a pair of metal tongs. Garcia?Gonzalez made his way past two female employees and then approached the female employee, J.S. The other female employees yelled out name and she tumed to see something metal in Garcia-Gonzalez?s hands. Garcia-Gonzalez jabbed the metal tongs in her side while repeatedly demanding the money. LS. only knew was a metal object and feared was a gun. J.S. was scared and shaking. 1.8. Page 1 of 3 Filed in District Court of Travis County, TX on 07/27/2018 at 06:36 PM Velva L. Price, District Clerk Austin Police Department Case 18-2071155 stepped back and turned, at which time she saw that Garcia-Gonzalez only had a pair of tongs in his hands. J.S. ?ed from the counter area and Garcia-Gonzalez followed her while holding the tongs out in front of him. Garcia-Gonzalez was reaching for money that was in hand and was telling her to give it to him. Another employee, M.W., approached Garcia-Gonzalez, and he confronted Garcia-Gonzalez and demanded that Garcia-Gonzalez leave the store and Garcia-Gonzalez ?ed going out the same door that he entered the store from and ?ed east on East Oltorf Street at approximately 3:31 PM. At approximately 3:42 P.M., responding APD Of?cer - #6308, observed a subject matching the suspect description at the car wash located just east of the Whataburger. Of?cer L, ?4 detained the subject and identi?ed him as David Garcia-Gonzalez, a Hispanic male, born on 07-21-1974, by his identi?cation. Garcia?Gonzalez matched the description but he was no longer wearing the blue button up shirt, he had on a blue hospital type shirt. Garcia-Gonzalez was carrying the blue button up shirt when he was detained and it was seized. APD Robbery Detective ?l #3930 reviewed and saved video footage of the robbery and was able to positively identify David Garcia-Gonzalez as being the suspect who robbed the Whataburger. Page 2 of 3 Filed in District Court of Travis County, TX on 07/27/2018 at 06:36 PM Velva L. Price, District Clerk Austin Police Department Case 3 18-2071155 Based on the totality of the investigation it is my belief that David Garcia-Gonzalez, a Hispanic male, born on 07-21-1974, further described by F.B.I. Identi?cation Number: - .n a mu Texas State Identi?cation Number: conunitted the act of Robbery by Threat on or about Thursday, July 26, 2018, at approximately 3:30 P.M., when he walked behind the counter of the business, grabbed a pair of metal tongs, held them up to side, causing her to fear that the object was a gun, and demanded money. These acts have ful?lled the required elements to be in violation of the Texas Penal Code Section 29.02 for the offense of Robbery by Threat against the peace and dignity of the great state of Texas. Subscribed and sworn to before me by the said Affiant on this the day of July, ff Magistrate (lung) City of Austin Municipal Court, Travis County, Texas On this the 27'? day of July A.D. 2018, I hereby acknowledge I have examined the foregoing af?davit and have determined that probably cause does exist for the issuance of warrant for arrest for the individual accused therein. 1 Magistrate City of Austin Municipal Court, Travis County, Texas Page 3 of 3 Filed in District Court of Travis County, TX on 07I27I2018 at 06:36 PM Velva L. Price, District Clerk