Man shot, killed another outside South Congress nightclub: APD

Elliot Garcia (Austin Police Department)

A man is now facing a first-degree murder charge after Austin police say he shot and killed another man outside a South Congress nightclub over the weekend.

On Sept. 9 just before 2:30 a.m., officers responded to a shooting at the Red Rose Cabaret Nightclub in the 3600 block of South Congress Avenue. 

A caller reported someone had been shot, and the suspect had left the scene. Officers detained the suspect, identified as 41-year-old Elliot Garcia, as he was walking nearby.

Austin police and ATCEMS found the victim, identified as 40-year-old Philip Foley, on the ground with an apparent gunshot wound. Foley was taken to the hospital where he later died.

An investigation determined Garcia had been in an altercation with Cabaret staff minutes before, so they had asked him to leave, says APD. Garcia was waiting outside for a ride when Foley spoke to him.


This agitated Garcia, who allegedly pulled out a handgun and shot him. Garcia then fled the scene before he was apprehended by officers, says APD.

Garcia is booked in the Travis County Jail for First Degree Murder.

Anyone with any information is asked to contact the Austin Police Department at 512-974-TIPS or submit their tip anonymously through the Capital Area Crime Stoppers Program by going online or by calling 512-472-8477.

This case is being investigated as Austin's 43rd homicide of 2023.