Affidavit provides details in deadly Mission road rage shooting

MISSION, Texas (ValleyCentral) — An affidavit provided additional details of a fatal shooting in Mission, that police described as a road rage incident.

Briaham Alexis Pena was arrested on a charge of first degree murder in connection to the shooting death of Jose Cruz Jr.

At 8:57 p.m. April 8, a Mission police officer was dispatched to 2515 W. Expressway 83 in Mission in reference to a call regarding shots fired. Upon arrival, the officer proceeded eastbound where he saw a black Chevrolet Silverado 1500 with the lights off, partially parked on the roadway.

The officer walked to the driver's side, where he saw bullet holes on the window, and Cruz in the driver's seat with a gunshot wound to his head, the affidavit stated.

The officer began administering aid to Cruz, until other officers and EMS arrived on scene. Once Cruz was removed from the vehicle, it was learned that he had been shot multiple times. He was transported to McAllen Medical Center where he was pronounced dead.

At the scene, officers found three 9mm spent bullet casings on the roadway. Investigators examined the vehicle and determined it had eight bullet holes on the passenger's side door, and two on the driver's side window.

On April 11, police received a tip through the Mission Police Department Crime Stoppers, in which an anonymous caller said that the vehicle involved in the shooting was abandoned on El Conejo Drive in Peñitas.

The next day, police received another tip, stating the vehicle was hidden behind a home on Martina Street in Mission. Police arrived at the scene, where they located the vehicle, which was a 2000 blue with gray-bottom trimmed Dodge Dakota.

Inside the vehicle, police found a spent casing on the floorboard on the passenger's side "in plain view," the document stated. Surveillance footage from the area showed a gray Jeep arriving to the property, followed by the blue truck. In the video, a man and woman are seen arriving in the Jeep, and a man is seen driving the blue truck.

On April 14, detective's spoke with Pena's sister at the Rio Grande City port of entry, where she was shown the surveillance footage. According to the document, she identified her father, mother and brother as the the three that were seen concealing the vehicle behind the residence.

Two hours later, detectives spoke with Pena's stepfather, who said that Pena told him he had shot at a truck several times "over a road rage incident, in self defense," and left the scene, the affidavit stated. He added that Pena had already crossed over into Mexico and was in Diaz Ordaz, Tamaulipas.

The following day, Pena turned himself in at the Rio Grande City port of entry, where he was transported to the Mission Police Department. Pena agreed to cooperate with the investigation, and said he shot at the vehicle, but did not remember how many times and that it was "until the victim stopped messing with him over a road rage," the affidavit stated. With assistance from Pena, investigators were able to recover a 9mm Glock handgun.

Pena was booked into the Hidalgo County Jail on Tuesday, and his bond was set at $2 million.