Travis County DA considers reducing capital murder charge for man accused of killing deputy

AUSTIN, Texas - If convicted, a man accused of killing a law enforcement officer might have the chance to eventually get out of prison. 

The Travis County District Attorney’s Office is considering reducing a capital murder charge for the killing of a Caldwell County Deputy Constable. This comes after a court hearing Tuesday morning.

The backstory:

Thomas Vences walked into the 147th District Court in Travis County Tuesday. He has spent the past seven months in jail waiting for trial for the shooting death of Caldwell County Deputy Constable Aaron Armstrong.

Police said back in January, Armstrong was working off duty as a security guard. He was escorting Vences out of Club Rodeo in North Austin when Vences spit on Armstrong, lingered in the parking lot, then returned and shot Armstrong. 

Court documents said Vences later told police, ‘I didn’t want to shoot him, but I shot him.’

Vences was charged with capital murder. He had five active warrants at the time of the shooting. He currently does not have a bond.

Dig deeper:

Last month, FOX 7 talked with Travis County District Attorney Jose Garza about the decision to request no bond for Vences.

"We thought that the evidence of this crime was so egregious when combined with the defendant's criminal history," Travis County District Attorney Jose Garza said. ‘Our prosecutors made the decision to put on evidence of his danger to his community and to seek no bond. The judge agreed and that is what happened in this case."

In court Tuesday, it was revealed the Travis County District Attorney’s Office is now considering lowering the capital murder charge to include the possibility of parole.

"If you were found guilty of capital murder, but it's what's called a mini-cap, then that is a life without parole sentence. If you just make a capital murder, a first-degree homicide case, in that instance, the sentence range is five years to 99 years or life and those do include the possibility of parole. Under Texas law, he would be eligible for parole after about 50% of his sentence is completed. Although statistically, violent offenders parole at a much lower rate," Jeremy Rosenthal, not associated with the case, said.

The Travis County District Attorney’s Office sent FOX 7 a statement after court: "Our office has not made an offer in this case. If we go to trial, our office will proceed with the capital murder charge."

What's next:

In court, the prosecutor said she will have a decision on the offer by the next hearing, August 18.

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