AUSTIN, Texas (FOX 7 Austin) - 18-year-old Damon Benavidez was arrested and taken into custody by the Austin Police Department after he shot at a police officer. He has been charged with aggravated assault and resisting arrest.
According to police, officers were patrolling the 6900 block of Trendal Lane in southeast Austin around 1 a.m. on Thursday, December 13 when they observed a blackout van parked on the side of the road with two occupants in it.
The two men in the vehicle ducked when the officers drove by, raising concern.
The police officers made contact with the individuals and noted the smell of marijuana.
The driver was removed from the vehicle and frisked for weapons. While the passenger, 18-year-old Damon Benavidez, was being frisked outside the vehicle he pulled a handgun from his waistband and shot at least one round over his shoulder.
The gun went off right next to a police officer's face, resulting in minor injuries.
The driver was able to flee on foot during the commotion. He is wanted by police and charged with charged with retaliation, harassment of a public servant, evading on foot, possession of a criminal instrument, fail to ID and has a warrant for a probation violation.