Rainey Street shooting victim shot 6 times while trying to get his hat back: affidavit

AUSTIN, Texas - A man was shot on Rainey Street six times while attempting to get his hat back from two men.

20-year-old Brian Bouray, of Pflugerville, is facing a first-degree felony charge for aggravated robbery.

Timeline:

Court paperwork outlines what happened on July 26 and the investigation that followed.

APD responded just before 1:30 a.m. to a shooting at 80 Rainey Street. Multiple people told 911 a man had been shot by a Hispanic male in a black shirt and blue jeans.

Officers found the victim who had suffered multiple gunshot wounds and had to apply a tourniquet to his upper left arm. The victim was taken to the hospital in an ambulance.

Officers also found multiple .45-caliber casings in the immediate area.

The victim told detectives he had been sitting on a bench and waiting on a rideshare while talking with two males he thought were brothers or cousins. Then suddenly, one of the males yanks his hat off his head and the two start running away. 

The victim chased them, trying to get his hat back and one of the males pulled out a gun and shot him multiple times. 

The male suspects were described by the victim as:

• A smaller Hispanic male between 16 and 18 years old, with black "puffy" hair
• A taller and thinner Hispanic male between 17 and 18 years old with short black hair, about 5'11" and 150 lbs armed with a black pistol

Video from nearby businesses showed two Hispanic males matching that description fleeing the scene on foot. Those images and a video of the suspects were shared in a media release.

On Tuesday, July 28, a pedicab driver came forward and said he believed he had given a ride to those suspects from E. 6th Street to Rainey Street that night and provided police with a copy of their CashApp transaction.

More video footage showed what happened between the two men and the victim:

• Suspects walked south on the sidewalk, stopping and engaging with the victim on a bench
• Victim hands his vape to one of the men who took a hit and handed it to the other man with him
• The second man took multiple hits and started walking away
• The victim extended his arm and caught the man by the chest as he took yet another hit on the vape
• The man pushed the victim's arm away, grabbed his hat and ran off with the hat and vape

Based on the video, police eliminated one of the suspects and determined he was just a witness to the incident.

Two days after the pedicab driver came forward, the man that APD determined to be a witness called and identified himself as one of the men in the released video and images. He then came in to give a statement and identified his friend Brian Bouray as the second suspect, court paperwork say.

He outlined what the two had done since they drove downtown that night, including the pedicab ride to Rainey Street. 

He also said that when they initially arrived, Bouray had gone to a nearby IHOP alone and met the victim and spent time walking around with him before they went their separate ways. The friend and Bouray met back up and began walking down the street, stopping again to talk with the victim.

He said during their conversation that they had shared the victim's vape because the battery on his was dead. Then, suddenly, Bouray snatched the victim's hat and took off. The friend said he was scared and followed as the victim chased them. 

He reported seeing the victim punch Bouray in the face, then seeing Bouray pull out a gun and shoot the victim multiple times. The friend then took off running after the shooting.

Detectives compared Bouray's Texas driver's license information and photograph to the information provided by the friend and the victim, as well as the images and video of the suspects, court paperwork say.

Crime and Public SafetyDowntown