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Suspect in Midland, Texas, shooting had fired at a police officer days earlier, officials say

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A man who opened fire in the West Texas city of Midland in an attack Friday morning that left one person dead and 10 injured had shot at a police officer just days earlier during a chase, authorities said.

The suspect, 45-year-old Victor Mata Villarreal, already was being sought by authorities when he began firing at police and bystanders in Midland on Friday before barricading himself in an abandoned veterinary clinic, where he was eventually found dead, according to the Texas Department of Public Safety.

Police have provided limited details about how the shooting unfolded. Police arrived in the area after receiving reports of an active shooter, and Mata Villarreal started firing at officers, said Midland Police Chief Greg Snow. Several officers were pinned down behind their patrol cars and had to be rescued by an armored vehicle, Snow said, but no officers were shot.

Police then got everyone out of the area. “We moved to deny more targets for this active shooter,” Snow said.

A few hours after the shooting began, authorities used robot and drone footage from inside the building to confirm the shooter was dead, Midland Mayor Lori Blong. Police did not say how he died.

Mata Villarreal, of nearby Odessa, was wanted for attempted capital murder of a peace officer after firing multiple times at a Midland police officer on Wednesday, the state’s public safety agency said.

The officer, who wasn’t injured, fired back after initially trying to pull over Mata Villarreal, who drove away, investigators said. His vehicle was found empty a short distance away, they said. Police have not said why the officer tried to stop Mata Villarreal.

Friday’s standoff happened about a half-mile (1 kilometer) from where the shots were fired at the police officer Wednesday.

Police have not said why Mata Villarreal began shooting on Friday or provided any details about the victims, including who they were, how they were shot or the conditions of those still hospitalized.

Midland Memorial Hospital said four people who were brought there underwent surgery and that five had been treated and released.

Calls to numbers listed for some relatives of Mata Villarreal in Texas went unanswered Friday or appeared to be lines that had been disconnected.

Mata Villarreal had several previous encounters with law enforcement, including some arrests, records show.

He was convicted on a 2009 charge of unlawfully carrying a firearm in San Angelo, according to Texas criminal history records.

He was charged in 2003 and 2004 for unlawfully carrying a weapon and unlawful possession of a prohibited weapon, but both cases appear to have been dismissed as part of a plea. He also pleaded no contest to a domestic violence charge in 2008 that was later dismissed.

As police responded to Friday’s shooting, dozens of squad cars and law enforcement vehicles descended along what’s normally a busy roadway lined with hotels and auto businesses a few miles west of Midland’s downtown.

Andrea Mendias said she heard what sounded like a small explosion at the closed veterinary clinic next to the auto body shop where she works and saw a number of heavily armed police officers rush into the parking lot. Some appeared to go inside the building.

Mendias said she earlier heard what sounded like at least 40 gunshots.

Video from Mendias showed officers pouring out of the back of an armored police vehicle and police deploying robots into the area.

The city with about 140,000 residents sits in the heart of the state’s oil and gas region and was near the site of a deadly shooting rampage in 2019.

In that shooting, a gunman who had been fired from his oil services job killed seven people and wounded two dozen others while firing at random as he drove around the Odessa and Midland areas. The two cities are more than 300 miles (482 kilometers) west of Dallas.

Supreme Court nixes Alabama request for nitrogen execution, which lower court ruled unconstitutional

ATMORE, Ala. — An Alabama man facing the death penalty by nitrogen gas was spared Thursday as the U.S. Supreme Court refused to set aside a lower-court ruling that found the method is unconstitutionally cruel, issuing a brief order that came well after the hour originally planned to initiate Jeffery Lee’s execution.

The justices decided not to lift an injunction blocking Alabama from carrying out what would have been the nation’s ninth execution by nitrogen gas, rejecting a last-minute legal battle by the state as it sought to carry out the sentence in the evening. A spokesperson for the Alabama Department of Corrections said the execution was off for the evening and the state would not try another method.

The high court voted 6-3 and did not explain its reasoning. Three of the conservative justices — Clarence Thomas, Samuel Alito, and Neil Gorsuch — said they would grant Alabama’s request to lift the injunction and let the execution go forward.

In a statement the legal team for Lee, 49, hailed the decision and noted that his jury had voted for a sentence of life, which a judge overruled.

“His jury voted for life. Two courts ruled the method unconstitutional. Today, the Constitution prevailed,” the statement said. “Now Governor Ivey can finish what the jury started: restore the jury’s verdict of life without parole.”

Alabama Attorney General Steve Marshall promised the families of the victims that authorities will continue to seek justice, saying in a statement: “The State is prepared to do whatever is necessary to see Mr. Lee’s lawful sentence carried out.”

“Tonight’s ruling is a miscarriage of justice, not for us, but for Jimmy Ellis and Elaine Thompson, who Jeffery Lee brutally and senselessly murdered and left on the floor of their place of business,” Marshall said. “Tonight I am also keeping their families in mind, many of whom were prepared to witness the final act of justice be served.”

Prison officials said Lee did not request a final meal Thursday but had potato chips, Skittles, water and a Sprite in the hours ahead of his possible execution.

The ruling was at least a temporary, rare victory for opponents of capital punishment in a state that has had one of the busiest death chambers in the country. And it capped an extraordinary legal back-and-forth over the humaneness of nitrogen gas as an execution method.

Legal challenge wended its way through the courts

Lee filed a lawsuit challenging Alabama’s protocol as a violation of the constitutional ban on cruel and unusual punishment, and U.S. District Judge Emily Marks ruled the method constitutional in May.

But a three-judge panel from the 11th U.S. Circuit Court of Appeals reversed her decision Monday, saying the three minutes it could take for an inmate to lose awareness is an “intolerable” time frame “given the suffering that would likely take place under Alabama’s nitrogen hypoxia protocol.”

Marks reevaluated the case and ruled again Tuesday saying Lee had shown “that the protocol constitutes cruel and unusual punishment in violation of the Eighth Amendment.” The state appealed to the Supreme Court.

“If that ruling stands, it would be unprecedented in American history. Not only does it portend the first-ever permanent ban on a legislatively enacted method, but it would expand the concept of cruelty well beyond the bounds of the Eighth Amendment,” lawyers with the Alabama Attorney General’s Office wrote.

Lee’s lawyers asked the high court to keep the execution on hold, saying in a response that Alabama was asking it to intervene at the eleventh hour “to allow an execution that has been found unconstitutional to proceed.”

The decision blocks Lee’s execution in the immediate future, but it is unclear how long the reprieve will last. The state maintains that the nitrogen method is constitutional.

Marks did not block the state from executing Lee with one of Alabama’s other approved methods, the electric chair or lethal injection.

Nitrogen executions introduced in the state 2 years ago

Alabama began using nitrogen gas to carry out some executions in 2024. The method involves strapping a respirator to a person’s face and replacing breathable air with pure nitrogen gas, causing death from lack of oxygen.

Nitrogen has been used in eight executions in the United States — seven times in Alabama and once in Louisiana. Lee was scheduled to be the ninth.

During the previous Alabama nitrogen executions, the inmates shook, pulled at the restraints and exhibited labored breathing. During the state’s last execution by nitrogen gas, 30 minutes elapsed between Anthony Boyd exhibiting signs of being impacted by the gas and state officials closing the curtain to the viewing room to signal the execution was complete.

The state has maintained that the method is constitutional and causes no more suffering than other execution methods.

Lee, who is currently housed at William C. Holman Correctional Facility in Atmore, was convicted of two counts of capital murder for killing Ellis and Thompson while robbing a pawnshop on Dec. 12, 1998.

Prosecutors said Lee entered Jimmy’s Pawnshop with a sawed-off shotgun and shot Ellis, the owner, and Thompson, an employee.

Alabama no longer allows judicial overrides in capital cases

A jury voted 7-5 to give Lee a sentence of life imprisonment. However a judge overrode that and sentenced him to death.

Alabama ended the practice of judicial override in 2017 and no longer allows a judge to disregard a jury’s sentencing decision in death penalty cases.

Bestselling author John Grisham called on Gov. Kay Ivey to honor the jury’s decision and commute Lee’s sentence to life without parole.

“The practice of a judge overriding a jury was declared unconstitutional and so indefensible that Alabama itself abolished it in 2017,” Grisham said in a statement. “Jeffery Lee’s jury made its decision, the Alabama Legislature later agreed that juries, not judges, should decide life or death sentences.”

Ivey, for her part, said Thursday night: “While I am disappointed the Supreme Court did not allow the state to proceed with Lee’s chosen method of execution, I remain committed to ensuring that justice is ultimately served for his victims.”

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