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Incident at 6919 Palmetto

November 18, 2005 -- Houston police homicide investigators said the fatal shooting of a man at 6919 Palmetto about 7:15 p.m. on November 10 will be referred to a Harris County grand jury.

Daniel Leon, 18, of 6919 Palmetto suffered a gunshot wound to the chest and was pronounced dead at Ben Taub General Hospital.

HPD Homicide Division Sergeant M.K. Peters and Officer B. Nabors reported:

Initial information provided by witnesses was that Leon was sitting in a vehicle parked in his front yard with several of his friends beside him. A brown van drove by the home and parked several houses down the street. One of the persons (the male suspect) inside the van got out and walked up to where the victim was sitting. The victim and this male spoke for about five minutes. It was then that a gunshot was heard and the suspect ran to the van, which then fled.

Further investigation led to the identity of the suspect as Francisco Javier Cervantes (H/m, DOB 7-28-83). Cervantes and other witnesses were questioned and told investigators that he (Cervantes) and Leon were playing with pistols and pointing them at each other. When Cervantes pointed his weapon and pulled the trigger, the gun discharged and killed Leon. Cervantes stated he thought the weapon he was using was safe to play with.

JFC/RMM 11-18-05
JFC 11-11-05
Inc #170853305

For additional information, please contact the HPD Public Affairs Division at 713-308-3200.