Lubbock Teenager Indicted in Robbery-Murder of Popular Texas Tech Student

A teenager accused of robbing and killing a Texas Tech student will face a capital murder charge as an adult, a judge ruled Tuesday.

Gabriel Gonzales was 16 on Aug. 14, when 21-year-old Colin Schafer was shot at an automated teller machine. Gonzales turned 17 — an adult under Texas criminal law — the day after his Aug. 22 arrest.

The Criminal District Attorney's Office requested that a judge move Gonzales into the adult criminal justice system.

"Any time you commit offenses under the age of 17, the juvenile system is going to handle you unless a district judge certifies you as an adult," First Assistant Criminal District Attorney Matt Powell said.

A judge primarily considers the defendant's psychological evaluation and background along with the nature of the charges to make a ruling.

Following a hearing Tuesday, District Judge Cecil Puryear certified Gonzales to face charges as an adult for several crimes, including Schafer's murder.

Puryear closed the hearing to the public at Gonzales' request, which is allowed under juvenile system laws. All future court proceedings regarding Gonzales will be open.

A Lubbock County grand jury will decide today whether to indict Gonzales and his 19-year-old cousin, Joe "Jo Jo" Gonzales, on capital murder charges.

Because Schafer was killed during a robbery, the death penalty could apply. Gabriel Gonzales' age makes him ineligible for the death penalty, and prosecutors will decide later whether to pursue a death sentence for Joe Gonzales.

According to court records, both men confessed their roles in the murder to police.

According to police reports, the cousins drove around early the morning of Aug. 14 looking for someone to rob. They chose Schafer at random and followed him home, reports said.

Gabriel Gon zales pointed a rifle at Schafer and forced him to drive to the Bank of Amer ica ATM near 50th Street and Slide Road, according to Detective Doug Sutton's report about his interview with Gabriel Gon zales. Joe Gon zales followed in his car, reports said.

Gabriel Gonzales "said that he made Colin take out all the money he could get from his ATM card. He said they got $300," Sutton wrote. "He said that he then shot Colin Schafer two times in the side of his upper body. He said that Colin never said a thing."

Police linked the cousins to Schafer's murder through a shooting that occurred Aug. 22. An assailant fired several shots at a house in the 5300 block of 47th Street. No one was injured.

Officer David Paulk noticed similarities between the suspects in the two cases. The information led police to the Gonzales cousins.

The grand jury previously indicted Joe Gonzales on a deadly conduct charge in the Aug. 22 shooting. The panel will consider indicting Gabriel Gonzales as an adult on the same charge.

The cousins acted defiant and cocky after their arrests and refused to talk with detectives until confronted with information provided by Joe Gonzales' wife, reports said.

Gabriel Gonzales "then began to cry and said that all he wanted to do was have a good 17th birthday and then he was going to turn himself in," Sutton wrote in his report.

During a search of Joe Gonzales' residence at 5508-A 13th St., detectives found Schafer's partially burned wallet and insurance card in the fireplace.

Gabriel Gonzales also faces indictment today for two robberies committed before Schafer's murder. He is accused of twice robbing a 63-year-old man.

The victim told police Gabriel Gonzales forced his way into his apartment July 1 and threatened him with a knife. He stole $250, according to reports.

During the second robbery, Gabriel Gonzales and an accomplice kicked in the man's door, reports said. The robbers held a gun to the victim's head and demanded money. They took $100.

The Texas Tech community was devastated when this outstanding young man was murdered in the summer. Maybe the wheels of justice will turn quickly in this case.

Maybe the wheels of justice will turn quickly in this case.

It's Texas. The Judge has certified him, the grand jury will indict, based on the partially burned wallet, and a petit jury will convict. Then it's time for appeals. Soon enough he'll be laying on a gurney, saying his last.

/john

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