'Is that what you call self defense?': New questions arise in Austin immigrant's shooting death

SAN MARCOS — Friends and family of an Austin immigrant shot to death in the driveway of a Martindale homeowner in October are demanding more answers from authorities and they have turned their attention to the shooter’s neighbor, a sergeant with the Hays County constable's office.

Adil Dghoughi, originally from Morocco but who lived in Austin and worked in finance, was shot and killed by Terry Duane Turner around 3:40 a.m. on Oct. 11 outside Turner's home in Martindale, a town in Caldwell County several miles east of San Marcos.

Turner, 65, had called 911 saying that a motorist was parked in his driveway and he went out with a gun to confront the driver, later identified by authorities as 31-year-old Dghoughi. Turner told dispatchers that the man pointed a gun at him so he shot.

But Dghoughi had no gun in his possession, according to Turner's arrest affidavit.

Dghoughi died at a nearby hospital from a gunshot wound to his head.

Turner was not immediately arrested. Instead, he turned himself in 11 days later and was charged with murder with bail set at $150,000. Turner bonded out less than two hours after he was taken into custody just before 10 a.m. Oct. 22.

Activists and family members are now asserting that Turner had time to get “his ducks in a row,” a privilege not often seen with other people charged with murder, especially people of color. They also allege that Turner's neighbor, constable's Sgt. Eric Villalpando, could have played a role in the aftermath of the shooting, including the lapse in time before Turner's arrest.

Mano Amiga, a San Marcos-based criminal justice activist group, has filed an open records request for emails and text messages by Villalpando.

However, Villalpando's attorney and officials with the Hays County constable's office said he did not hear or see anything and is not involved with this incident.

“Eric says he doesn’t know what happened and resents the fact that you have made it look like he knows something,” said his attorney Charles Soechting. “He was asleep and doesn't know anything.”

But the community and those closest to Dghoughi are now criticizing how Villalpando, who has been in law enforcement for more than 10 years, did not respond to a shooting at a neighbor's home.

On Monday, Mano Amiga and those close to Dghoughi, spoke in front of a crowd on the steps of the Hays County Government Center in San Marcos, demanding answers and justice.

“Someone gets shot and you don’t come out?” Jordan Buckley, a spokesperson with Mano Amiga, said Monday. “He stayed asleep and in his room despite gunshots that happened just steps from his front yard. What kind of cop is that?”

Previous Coverage: 'I just killed a guy': Activists, family question why police took 11 days to arrest suspect in Austin immigrant's death

Hays County Constable David Peterson, who oversees the precinct where Villalpando works, said he has spoken with Villalpando about the incident and said Villalpando did not hear or see anything and has no knowledge of the situation.

Peterson said that Villalpando did not come outside or help with the incident in any way.

“How can someone go a week and a half and not be arrested?” Buckley said. “(In that time) Turner was able to get his ducks in a row. And it's (Villalpando’s) career to respond to emergencies, and it just seems weird he didn’t come out and see what was happening.”

Chief Deputy Constable Michael Varela told the American-Statesman that an off-duty officer who sees something happen in their view or presence, and depending on the severity of the situation, should take some sort of action.

Because this incident was in the middle of night, officials said, Villalpando could have missed what happened and that is why he did not respond, despite the fact that sirens from ambulances and police vehicles were likely sounding.

Peterson, who addressed media on Monday, said it is a concern that Villalpando did not react to the situation, but he believes he was asleep and was therefore not involved.

Dghoughi’s brother, Othmane Dghoughi, and mother, Fatiha Haouass, who traveled from Morocco, said Monday that they still do not have answers and that the Caldwell County sheriff’s office, which has jurisdiction in Martindale, has kept them in the dark.

A copy of the incident report provided to Dghoughi’s family contains multiple redactions, further fueling cause for concern, the relatives said.

Caldwell County sheriff's Lt. Kyle McConnell, a spokesperson for the department, told the Statesman that his agency had nothing new to report so far. He said authorities are still investigating the incident, but the case will be given to a grand jury, which will decide how or whether the case will proceed.

Dghoughi's mother and brother said all they are seeking is answers and justice, adding that Adil was a great man and son, and he was kind to everyone. They believe that Dghoughi made a wrong turn and was lost so he pulled over to pull up his phone GPS when he was shot.

“Terry Turner said that Adil was driving away, and he chased him,” Haouass said. “Is that what we call self-defense? He said he stood by his car window, which was close enough to see my Adil was not threatening him, yet he shot my Adil in the head in cold blood. I’m here to ask all the people in charge of the case to grant justice for my Adil and our family.”

Othmane Dghoughi echoed his mother's sentiments on Monday, adding they are not pointing fingers at Villalpando, but they just want answers.

“Was he home or not?” he said. “If he doesn’t know anything or wasn’t there, then we will drop it. We are just looking for answers.”

This article originally appeared on Austin American-Statesman: New questions arise in Austin immigrant's shooting death in Martindale