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Affidavit: Slain deputy previously helped woman in family violence case against accused killer

El Paso County Sheriff’s Deputy Peter Herrera, who died days after being shot during a traffic stop, had previously helped a woman in a family violence call involving the suspect who killed him, a criminal complaint obtained by ABC-7 states.

Facundo Chavez, 27, is facing a slew of charges in connection to the shooting death of the 35-year-old Herrera, including two counts of Capital Murder, Unlawful Possession of a Firearm by a Felon, Assault Resulting in Bodily Injury of a Family Member, Criminal Mischief and several drug charges.

According to the document, Deputy Herrera pulled over a BMW 325i with dealer plates at about 1:50 a.m. on March 22, 2019 because the vehicle was improperly displaying the temporary permit and failed to dim the vehicle’s headlights. The traffic stop was made near the intersection of Chicken Ranch Road and Socorro Road.

EL PASO SHERIFF RICHARD WILES ANNOUNCES DEATH OF DEPUTY HERRERA:

Deputy Herrera asked Chavez, the driver, for his driver’s license and proof of insurance. Deputy Herrera also asked Chavez if he had anything illegal or weapons in the car. Chavez reportedly replied ” no. ”

At that point, the deputy asked Chavez to step out of the car.

Chavez, the criminal complaint states, stepped out of the BMW and fired several rounds from a gun at Deputy Herrera at ” close range. ” The Associated Press cites officials who say Chavez fired 15 rounds at Deputy Herrera.

The criminal complaint states Chavez ” cursed at Deputy Herrera and ran back to the vehicle. ”

Chavez and a woman in the passenger seat drove away, but the BMW stalled a short distance away. At that point, Chavez and the woman ran away from the vehicle and hid in a nearby shed.

Deputies, with the help of U.S. Border Patrol agents, located Chavez and the woman in the shed.

Under interrogation, the woman arrested with Chavez told investigators there was a third man in the car with them. When investigators told her that claim was not consistent with video footage, the woman allegedly admitted to lying, the criminal complaint states.

The woman would reportedly go on to tell investigators she had a restraining order against Chavez, her boyfriend. The woman also told investigators Deputy Herrera had previously assisted her during a family violence call involving Chavez. The date of the family violence incident is not listed in the criminal complaint.

The woman told investigators she wanted to get out of the BMW during the traffic stop because Chavez told her he was going to shoot and kill the deputy. ” She saw the defendant (Chavez) getting a handgun from the shifter area of the vehicle, inserting a clip into the handgun and tucking the handgun into his waistband, ” the criminal complaint states. The document states the woman also informed investigators Chavez had an AK-47 rifle in the vehicle.

When investigators spoke with Chavez, the suspect allegedly declined to speak with detectives without having his lawyer present.

Deputy Herrera, reportedly shot in the head, died as a result of the bullet wounds on Sunday, March 24, 2019.

Sheriff Richard Wiles said the shooting was recorded by the patrol unit’s dashcam and a body camera worn by Deputy Herrera.

Online jail records show Chavez is being held without bond. The Associated Press reports this is the first shooting death of an El Paso County sheriff’s deputy since 1940.

In a statement sent to ABC-7, Deputy Herrera’s wife said, “He was an exceptional man in and out of uniform. The kindest most amazing heart. He was willing to lend a helping hand to anyone and everyone. He showed me and my daughter every single day how much he loved us. He was an amazing son, brother, dad, uncle, friend and partner. There wasn’t a person in this world that he crossed paths with and didn’t leave a lasting impression. He was the perfect man.”️

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