Family of man murdered at Don Dario's speaks with FOX 7

Police are releasing new details about what led to a fatal shooting at a Southeast Austin restaurant.

The victim's niece shares the moments before his death with us.

APD has charged 38-year-old Jacques Garcia with first degree murder and evading arrest.

Police say it started in the parking lot of Don Dario's Cantina and quickly turned deadly.

These are the last moments family members of 41-year-old Manny Trejo are holding on to.

"This is my uncle Manny and his wife. This was taken an hour before we left the restaurant," says Veronica Torres, niece of victim.

Veronica Torres says all she wanted for her birthday was a dinner with her family.

They went to Don Dario's Cantina Saturday night to celebrate.

When it was time to leave, things took a turn for the worst.

Torres got a call that her uncle Manny had been shot.

"When they said that, I kind of like fell to my knees. We were already at the other place and my mother picked me up and I was like, there's no way he's dead. We were just with him, I just took pictures with him, we were just celebrating my birthday," says Torres.

The Austin Police Department was called out to Don Dario's Cantina at 11:30 Saturday night.

The disturbance had stemmed from a traffic jam that built up in the parking lot.

"I just think it was a long night. They were frustrated. They were trying to all leave but I don't know if I would call it road rage," says Sgt. Jerry Bauzon, homicide detective, Austin Police Department.

When things escalated, Trejo's wife says she even tried to take the gun away from the suspect who was driving a blue Mustang.

But he took the shot and then sped off.

That led to a police chase northbound on I35 and ended west on Highway 71, with the arrest of 38-year-old Jacques Garcia.

"How hard was it for that car to just move up, move out of the way. You know let them through. That doesn't make any sense whatsoever why someone would do that," says Torres.

Officers performed CPR on Trejo, who had been shot in the torso.

He was taken to the hospital where he later died.

"He's a coward because he took the life of an innocent man who did no wrong to nobody. I mean what is this world coming to, when you're just at a restaurant and you're not even safe going to your car in the parking lot. He had no right to take a life," says Torres.

Trejo's family says he loved to make people laugh and had a big heart.

They are hoping the beautiful memories they shared can get them through this difficult time.

"In a way I feel very guilty because I know he wouldn't have been there if it wasn't for me. At the same time, I know his last moments were spent with the family and us. You know, he told me that night, 'I love you, happy birthday, you're like my daughter.' That was the last time I saw him,'" says Torres.

Garcia is being held at the Travis County Jail on a $250 thousand bond.

The family is working on funeral arrangements.

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