Wife of Victim Says Shooting Was No Accident

Updated: Tuesday, 25 Jan 2011, 10:45 PM CST
Published : Tuesday, 25 Jan 2011, 8:50 PM CST

KRISTIN KANE
Reporter

HOUSTON - Questions tonight about a fatal police shooting at Deerbrook Mall yesterday. The victim's wife is speaking out and she has some unusual evidence.

The Humble Police Department is calling it an accident, but was it? That's what the victim's family is asking tonight, especially after the victim's wife received a voicemail that recorded the entire shooting.

Police said they responded to a burglary-in progress call at the mall on Monday. Officers saw one of the burglars get out of a victim's car and into an alleged get-away car.

Officers went up to that car and one tried to break-in the window with his gun. He says it accidentally went off, shooting and killing 23-year old Esteban Carlon.

His younger brother, 22-year old Joaquin Carlon, was the other alleged burglar. He was immediately taken into police custody.

Esteban's wife tells us during this whole incident, her brother-in-law, Joaquin, called her phone. No one answered and the shooting was recorded on her voicemail.

She shared it with us today.

Police say the Carlon brothers were attempting to break into a car. Esteban's pregnant wife, Jacqueline Garcia, says it's the only way he could put food on the table for her and their two little girls.

“I mean I wasn’t okay with it, but he said that was the only way he could bring money home because since he was a felon he couldn’t get jobs so he was desperate to get money.” Garcia said.

Jacqueline believes the shooting was not an accident.

“No, no this was no accident. If it was an accident, if you’re hitting it with a gun, the shot would've fired somewhere else,” she said. “It was as if he was pointing it directly to the head...it just went there ya know, the head.”

“I think it was on purpose because he had to know what he was doing. I know he didn’t feel no threat because my husband and my brother-in-law didn’t have no weapons on them. The car was parked. They were surrounded, so there was no way they could’ve done nothing.”

That Humble officer is now on administrative leave. Community activist Quanell X has been counseling Jacqueline and her family. He says in addition to having an outside agency investigate this shooting, he thinks justice needs to be served.

“I believe this officer should be treated no better than any other ordinary citizen and had an ordinary citizen did what this cop did, would he be responsible for his bullet? I think this officer should be held accountable and responsible for this bullet,” Quanell X said.

Even though Esteban was committing a crime and breaking the law, Quanell X says the punishment does not require death.

“This police officer, on that faithful day yesterday, became the judge, the jury and the executioner. If this young man was truly breaking into a vehicle, that’s why we have a system, we have a judge, we have a jail we have prosecutors. You give a man his day in court, innocent until proven guilty.”

Besides their children, pictures and memories, the only piece of her husband Jacqueline has left is the sound of him dying and his brother crying out for him.

Joaquin Carlon is currently in Harris County Jail. His bond has been set at $15,000.

He has been charged with unauthorized use of a vehicle. He has a criminal history of prior auto thefts and robbery.

Esteban previously served a total of about four years and six months in jail for multiple theft and burglary convictions.

We reached out to Humble Police today, but they are not saying anything at this point because the case is still under investigation.

 

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