Stray bullet kills man watching fireworks

A family friend holds onto the daughter of Javier Suarez Rivera, Keyla Rivera, 16, as family and friends grieved outside the home where Javier was struck and killed by a stray bullet around 1 a.m. A family friend holds onto the daughter of Javier Suarez Rivera, Keyla Rivera, 16, as family and friends grieved outside the home where Javier was struck and killed by a stray bullet around 1 a.m. Photo: Johnny Hanson/Family Photo Photo: Johnny Hanson/Family Photo Image 1 of / 5 Caption Close Stray bullet kills man watching fireworks 1 / 5 Back to Gallery

A man watching New Year's fireworks from his driveway in southeast Houston was apparently killed by a stray bullet to his head.

Javier Suarez Rivera, 43, walked to the curb with his wife shortly after midnight to watch fireworks when he suddenly collapsed, said Houston Police Department Spokesman Victor Senties.

Neighbors attempted to revive him and called 911. Paramedics declared Rivera dead upon arriving at the home on Eastlake Street near Edgebrook and Theta.

Investigators suspect Rivera was killed by a falling bullet from celebratory gunfire somewhere in the area, although the medical examiner's office must still confirm the cause.

"It's very dangerous to go outside and discharge a firearm in the air," Senties said. "What goes up must come down and usually does so with greater force. This is a tragic situation."

Rivera had invited friends and family to his home to celebrate the new year.

Firing a gun at random, including into the air, is considered deadly conduct under Texas law. People can be charged as a misdemeanor or felony offense. Fines can range up to $10,000. A misdemeanor results in up to a year in prison while a felony has a two-year minimum and 10-year maximum.

Senties said no one at the Eastlake home had been shooting fireworks or weapons at the time of Rivera's death, nor did any neighbors report seeing fire a weapon.

Investigators have asked that anyone with information about gunfire in the area is asked to contact Crime Stoppers at 713-222-TIPS (8477) or the Houston Police Department 's Homicide Division at 713-308-3600.