Shooter’s Attorney: ‘There is nothing wrong with defending your family’

The attorney representing the man accused of firing a weapon at a car believed to be transporting three robbery suspects says his client felt threatened and fired warning shots.

“You’re authorized to use deadly force, if in your mind, deadly force is needed to preserve you from death or serious bodily injury. Being stabbed with a knife, I would imagine, qualifies,” attorney Justin B. Underwood said.

Police said two teenagers were robbed at knife-point by three other teenagers as they walked on the 9400 block of Vicksburg. It happened shortly after 8pm March 15, 2017.

Police further said one of the two victims called his father, 33-year-old Christopher Apodaca, who picked up the two victims and drove around the area looking for the three suspects.

Underwood said that is not what happened. The attorney said a woman witnessed the robbery, called 911 and intervened. The suspects ran away, Underwood said, adding the witness called Apodaca to let him know his son had just been assaulted and robbed.

The witness and Apodaca waited for police, who never showed up, the attorney said. “Why is it taking two hours to get there? It is no secret we have a shortage of officers. It is well documented. We have a critical shortage,” Underwood said, “But I don’t think that two 12-year-olds being robbed at knifepoint should elicit anything but an immediate (police) response.”

Underwood told ABC-7 Apodaca did not drive around looking for the suspects. “They leave and are on their way back home when Apodaca’s son says, ‘I see them.'”

Police said Apodaca confronted a group of people near Sanders and Shoppers, where he allegedly took out a gun and ordered everyone to the ground. The driver of a car the suspects were about to enter tried to drive away and Apodaca allegedly fired several rounds at the vehicle, police added.

Underwood said witness accounts dispute the police department’s accusations. The attorney said his client exited his vehicle and approached the alleged suspects to ask them why they had robbed his son. “They approached him in a threatening manner. Mr. Apodaca then brandishes his firearm and says, ‘back off,’ fires a warning shot into the ground, they continue to approach him, and one of them jumped into the vehicle,” Underwood said.

Underwood said allegations Apodaca shot into the vehicle are false. “My understanding is there are no bullet holes in the car. There are bullet holes in the tires because (Apodaca) wanted to shoot the tires out to keep them there until police show up, whenever the police decide to show up,” Underwood said.

The woman driving the car and a six-month-old child in the vehicle were not harmed, police said.

Polie arrested Apodaca, charged him with three counts of Aggravated Assault, and booked him into the El Paso County Detention Center on a $30,000 bond.

A news release states a 16 and eleven-year-old allegedly involved in the initial robbery at knife-point were taken into custody and turned over to the Juvenile Probation Department.

“It’s easy to say ‘law and order, law and order.’ Well, what happens when law and order doesn’t show up,” Underwood asked, “We have rights in the State of Texas. The law is very clear in the State of Texas about self-defense. Trust me, if Mr. Apodaca wanted to shot and kill those kids, it would have been very easy. That’s not what happened.”

The attorney reminds the public sometimes you will have take matters into your own hands to protect those you love.

“By the time you call 911, whatever traumatic event is going on, by the time help gets there, it will be over. There are times in life when we as citizens have to do something to protect ourselves or another person. Despite what they tell you, there is nothing wrong with defending yourself and defending your family.”

ABC-7 reached out to El Paso Police, but we were told they were not available for comment.