Gabriel Chavez acquitted of murder in 2014 shooting death in El Paso's Lower Valley

A man was acquitted of murder after a jury found that he acted in self-defense when he fatally shot a man outside his home.

Gabriel Chavez was found not guilty Wednesday by a jury in the shooting death of Carlos Marquez, 46, at about 1:40 a.m. Nov. 21, 2014, during an argument outside of Chavez's home in the 400 block of Duran Place in the Lower Valley.

The jury deliberated for more than three hours before reaching a verdict.

“All our testimony in the trial was that my client was a very peaceful man,” said Chavez’s lawyer, Justin Underwood. “He was a pastor at a church. In the past, the deceased (Marquez) had extorted money by violence and threats to at least two other elderly individuals on the same street.”

He added, “Our ability to develop what happened that night and the history of the violence on part of the deceased showed pretty clearly that it was self-defense.”

Chavez, who was 68 years old at the time of shooting, was facing up to 99 years or life in prison if he had been convicted.

According to Underwood, the two men had gone back to Chavez’s home after drinking at a bar the night of the shooting.

Marquez then started an argument after Chavez refused to give him money to buy drugs, Underwood said.

“Multiple witnesses said the deceased (Marquez) was being aggressive toward my client,” Underwood said.

In the past, Marquez had gotten into arguments with Chavez and other neighbors, Underwood said.

“The deceased had assaulted my client in the past before at his home,” Underwood said. “The deceased had also assaulted another third party in the past in front of my client.”

He added, “All of this was presented to the jury.”

As the altercation escalated, Marquez continued to demand money from Chavez, Underwood said.

Chavez then went into his home and grabbed his .22-caliber handgun.

Underwood said Chavez went back out and told Marquez to leave.

Underwood said Marquez then lunged at Chavez, who fired one shot, striking Marquez in the chin.

“My client gave a statement to the Police Department, saying he feared for his life because of what the guy had done to him before and when he lunged at him that night,” Underwood said.

After being shot, Marquez then walked a few feet to a neighbor’s home, but continued to threaten Chavez, Underwood said.

“My client told them (the police) that he walked over to the man to check on him,” Underwood said. “The man then again threatened my client, saying he was going to kill him and his family, so, at that point, my client feared for his life and because of past experiences he had with the deceased, he fired another shot.”

The second shot was fatal, Underwood said.

Underwood praised the verdict.

"Obviously, we are very happy,” Underwood said. “Juries for the most part will always do the right thing. It is a big verdict not just for us, but it is a big verdict for the rights of the citizens of Texas.”

He added, “This verdict shows the citizens of the state of Texas that we do have the right to defend ourselves. We have the right to use deadly force to protect ourselves. Justifiable homicides do happen because you are allowed to defend yourself and your family.”

The trial was held in the 409th District Court with Judge Sam Medrano presiding.

Aaron Martinez may be reached at 546-6249; aamartinez@elpasotimes.com; @AMartinez31 on Twitter.