A capital murder trial is underway for the father of a teenager who gunned down three teens in a Garland convenience store in December 2021. Prosecutors say he was the getaway driver and is just as responsible as his son, who is still on the run.
A capital murder trial is underway for the father of a teenager who gunned down three teens in a Garland convenience store in December 2021.
Neither prosecutors nor the defense dispute Abel Acosta, who is now 15 years old and still on the run, is the killer.
Dallas County jurors, however, must decide if Abel’s father who was with him just as guilty.
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Testimony began Tuesday morning and included graphic police body camera and surveillance video of the bloody and chaotic aftermath on December 26, 2021.
By all accounts, Abel Acosta pulled the trigger that night.
Abel’s father, Richard Acosta Junior is on trial for capital murder, accused of helping his son carry out the deadly ambush by driving him to the store and being his getaway driver.
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“This is not a who-done-it, ladies and gentlemen,” said prosecutor Stephanie Fargo during her opening statement. “It’s one question: Did this defendant intentionally promote or assist by encouraging, directing, aiding, attempting to aid Abel in the killing of those three boys?”
Several family members of the three victims left the courtroom in tears after watching surveillance videos showing the moment their loved ones were gunned down.
Dallas County District Judge Stephanie Huff reminded the public to refrain from emotional outbursts in front of the jury.
Jurors saw surveillance video showing Acosta Jr. entering and leaving the store. He is then seen driving around the parking lot, stopping for several seconds, then seemingly clipping a vehicle in the parking lot.
Abel is then seen getting out of the pickup, running shirtless around the back, then crouching down as he approaches the store’s front door.
The then-14-year-old is seen opening the door and immediately unloading his gun, firing approximately 20 rounds inside the store, killing 14-year-old Xavier Gonzalez, 16-year-old Ivan Noyola and 17-year-old Rafael Garcia.
The taco shop’s cook, David Rodriguez, 15 at the time, was also shot but survived.
At one point, Abel is seen stepping farther into the store and shooting Xavier at close range.
“It takes nine seconds for [Abel] to fire 20 rounds shooting and killing those three kids and injuring another all the while this defendant has his foot on the break, the truck in drive, waiting,” said Fargo. “Actions speak louder than words.”
Armando Macedonio, Ivan’s uncle, is among the witnesses who took the stand Tuesday morning.
Macedonio testified he was waiting for Ivan to buy tacos when he saw the gunman creeping quickly toward the store.
“I thought he was going to do a prank because I saw that he was hiding,” said Macedonio with the help of translator Irene M. Vera.
Moments later, Macedonio says he heard gunshots and ran in, only to find his 14-year-old nephew faced down and bloodied.
“I told him not to die,” he said through tears.
In his opening argument, Acosta’s defense attorney Heath Harris told jurors they will prove Acosta had no idea what his son was about to do, he never saw a gun or the shooter.
“[Acosta] ducks! 12-15 seconds is all it takes. Abel’s back: ‘Go! Go! Go! They shooting!’ so yes, he halls out of there because he doesn’t know if they’re shooting at Abel. He doesn’t know what’s going on. All he knows is he’s trying to get out of there,” said Harris. “Before, during or after, he doesn’t know an offense has been committed so he can’t aid, solicit or encourage an offense he doesn’t even know was committed. He doesn’t know these kids got killed. All he knows is his heart shots and his son was running.
Acosta’s defense claims the reason Abel wanted to get out and go into the store was because he was angry that his necklace had recently been stolen.
He wanted to confront one of the teens, either Ivan or Rafael, over the stolen necklace.
“Abel wants to get out of the car, Richard is trying to hold him in the car. Abel comes out of his shirt because he wants to go check on his necklace,” said Harris.
The defense attorney also told jurors there was a good reason for the apparent smirk on his client’s face during his mugshot.
Acosta, he said, simply thought it was ‘laughable’ that he was being charged with capital murder.
Jurors heard from police and paramedics who were first on the scene and tried to save the victims.
They also heard from survivor Rodriguez who testified about the moment he was shot. Rodriguez testified his body felt ‘hot’ and he asked God ‘to take him.’
Acosta is expected to testify in his own defense, according to Harris.
If convicted of capital murder, the 35-year-old would automatically be sentenced to life in prison without the possibility of parole.
The state did not pursue the death penalty in this case.
