DALLAS — Richard Acosta entered a Dallas County courtroom flanked by five deputies. He was in handcuffs and leg shackles.
Security was tight around the father, who is accused of driving his 14-year-old son, Abel Acosta, to a Garland convenience store the day after Christmas. Surveillance video shows the teen's father walking into the store and then back to his truck before his son allegedly shot and killed three teenagers.
Richard Acosta’s attorney, Heath Harris, was going to ask the judge to lower his client’s $3 million bond Friday morning, but decided not to.
“I initially wanted to call family members to see what amount of bond they could make, which is nothing close to $3 million," Harris said. "I don’t even think if the judge lowered the bond to $100,000 that this family could afford it.”
He also said the family was concerned about coming to court to testify.
“They had concerns about retaliation, given the circumstances in this case, so they didn’t want to testify,” Harris explained.
Harris also said his client did not know his son had a gun with him.
“It’s our position he didn’t see the shooting from where he was sitting, and we don’t believe they can prove otherwise and don’t believe there is probable cause to detain him, and definitely can’t prove his case beyond a reasonable doubt,” Harris argued.
Prosecutors say Richard Acosta is a flight risk since he has ties to Mexico, and they don’t want him released.
His son, Able Acosta, is still on the run.
WFAA asked Harris if the family and his father have any idea where he is.
“We have no idea," Harris said. "I believe it would be to his father’s benefit if he does turn himself in, because he can corroborate that his father didn’t know."
We also asked Harris if Richard Acosta or any family members helped the 14-year-old escape.
“When my client found out that his picture had been shown on TV as a person of interest, he turned himself in because he thought he was just a witness,” Harris said.
Sources tell WFAA the FBI believes Abel Acosta is in Mexico and have U.S. Marshals there looking for him.