DALLAS COUNTY, Texas — This week, Richard Acosta Jr. is in court, charged with capital murder. He is accused of driving his son, then 14-year-old Abel Acosta, to and from the scene of a triple murder.
The shooting happened on Dec. 26, 2021 at a Texaco convenience store in Garland and left three teenagers dead; 17-year-old Rafael Garcia, 16-year-old Ivan Noyola, and 14-year-old Xavier Gonzalez were killed that evening.
Dallas County prosecutor, Stephanie Fargo, opened the trial on Tuesday.
“It takes nine seconds for him to fire 20 rounds, shooting and killing those three kids and injuring another. All the while, this defendant has his foot on the brake, the truck in drive, waiting. Actions speak louder than words," said Fargo.
The State is arguing Richard Acosta Jr. knowingly aided his son, Abel Acosta, in this crime.
Acosta’s attorney, Heath Harris, followed. In his opening statement, he pointed at Acosta Jr. and said, “He’s going to present credible evidence that is going to clearly show he is not guilty of being party to this sort of an offense.”
Abel Acosta still has not been arrested.
Heath said, “That’s what this is all about. Charging this man with capital murder, trying to lure Abel out.”
On Tuesday, Feb. 7, 2023, the first officer who arrived on scene testified.
“Being the first officer there, being alone, I get out of my squad. I draw my duty weapon and I go to the front of the building and I start hearing screaming, crying, all that," Garland Police Office Byron Velasquez said. "I open the door and to my right, immediately see a young, Hispanic male laying on the ground, blood and bullet casings everywhere.”
Officer Velasquez’s body camera video was shown to the jury. In the video, he entered the store and performed CPR on one of the teenagers who was covered in blood near the front door.
As other officers and first responders arrived, Velasquez was relieved from CPR and continued to clear the store to make sure there was no shooter present. During that process, he found the other two victims.
Armando Macadonio, Ivan Noyola’s uncle, took the stand too. It was emotional for him. Macadonio drove Ivan and his friend, Rafael Garcia, to the convenience store to pick up tacos.
With a translator in the courtroom, Macadonio said, “I asked my nephew what he wanted for dinner. […] He said he wanted tacos.”
Macadonio said when he parked his vehicle, Richard Acosta’s truck clipped his. He said he saw the white truck park and saw Abel Acosta exit the vehicle and creep toward the door of the convenience store. That’s when he saw young Acosta open fire.
“When he shoots, I told my mom Ivan’s name,” translated, Macadonio said in tears. “The truck took off right away. It drives away fast.”
Macadonio said he rushed in the store and found his nephew facing down, covered in blood. He told him not to die, but knew it was too late.
After Macadonio testified, Garland Police Detective Tony Godwin took the stand. Surveillance video was played, showing the shooting. Some family members left the courtroom in tears.
Rafael Gonzalez, Xavier Gonzalez’s uncle, testified on Tuesday afternoon. He spoke about his nephew’s character and personality.
“My sister called me crying, saying Xavier is gone," he said.
He described Xavier as a respectful person who minded his own business and wanted to be something in life. Xavier was the youngest victim.
Dr. Daniel Butler, who performed the autopsy on Xavier, also took the stand. He said the 14-year-old was shot 10 times, and the range was between one to three feet. He believes Xavier died within two to three minutes of being shot.
Many of Gonzalez’s family members braved the testimony. One told WFAA she didn’t know how many times her loved one was shot. She was hoping it was fast.
David Rodriguez was the fourth victim. He was working at the convenience store when he said he was shot. His cousin was there and held compression on his wound. Rodriguez said he was taken to the hospital. He also said he did not know the shooter.
A witness, a Garland paramedic and a former forensic investigator for Garland Police Department also testified.
The defendant, Richard Acosta Jr., is expected to testify during the trial. If convicted of capital murder, he could face life in prison without the possibility of parole.
A reward is being offered for the arrest of Abel Acosta. Anyone with information regarding the teen's whereabouts is encouraged to call police at 972-485-4869.