Pushed over the edge? Very sad for all...

[MYSONSDAD]

Courthouse shooter had history of assault, violent threats
02:29 PM CST on Friday, February 25, 2005

Associated Press


Maribel Estrada may have heard her ex-husband's threats of violence in recent days, but acquaintances said she had little time to worry about them.

After the divorce last year, the 41-year-old single mother of three received no child support and trimmed steaks at a local meat-packing plant to support her family. She took her children's father to court Thursday, hoping the Texas attorney general's office could force him to pay.

But David Hernandez Arroyo Sr. had other plans. Donning a military flak jacket and bulletproof vest, he showed up at the Smith County Courthouse with an assault rifle and opened fire on the town square, killing Estrada and a bystander who shot back.

"She wouldn't have expected this to come," said Estrada's divorce attorney Joshua Wintters. "She was really a gentle, quiet woman. Her main concerns in life were meeting the bills and seeing to her kids. It was more like she didn't have time to think about this."

But police believe Arroyo had made some threats last week.

Arroyo, 43, was finally gunned down by lawmen, but only after wounding four people using an AK-47, including three law officers and his own son, David Hernandez Arroyo Jr. The 21-year-old was shot in the legs and was in fair condition Friday.

The couple divorced after 22 years of marriage. Wintters said Arroyo ignored the divorce petition and became furious when he received the final decree.

"He kind of threw a fit and yelled at me some in a very profane way and I asked him to leave," Wintters said. "He would call us and you'd get messages from him: 'This ain't right. I'm not dealing with this anymore."'

Wintters said Arroyo threatened him, but he thought it was emotion talking. He said he doesn't believe Estrada knew she was in danger.

"She really was one of the nicest women I've met, had a good heart," Wintters said. "Whenever he would express concern that she was going off and going to be with another man, she kind of laughed and said that's the last thing on her mind."

Her eldest son helped her support his two younger siblings, a teenager and a 9-year-old child, Wintters said.

The son "kind of acted as a mediator and kept the peace, except that he wouldn't back down from protecting the mother," Wintters said.

The 21-year-old stepped between his parents as they argued last year, and the ensuing altercation led to the elder Arroyo's conviction on a misdemeanor assault charge, Wintters said.

According to court records, the father was sentenced Feb. 2 to nine months probation but received deferred adjudication, meaning his record would have been cleared if he hadn't committed any crimes during that period.

Attorney Thad Davidson, who represented Arroyo, said his client pleaded no-contest to the assault charge and considered the plea bargain a victory because it did not affect his visitation rights with his 9-year-old son.

Davidson also said the boy had refuted claims by his mother and older brother that Arroyo had assaulted her, but that prosecutors refused to investigate the boy's statements.

"I did everything I could short of raise a red flag to indicate there were deeper, more significant issues in this case than a simple assault," Davidson said. "Although I abhor and am shocked by what happened ... what he did was the culmination of a series of events that put him at the end of a very dark road."

Arroyo also had a history of drunken driving and weapons charges, records show.

Wintters would not say why Estrada sought a divorce. He said she never claimed in court that Arroyo abused her or her children.

But Gene Decker, the meat plant manager, who is related to Arroyo through marriage, said he believes abuse compelled Estrada to seek a divorce.

"I know that she wouldn't have left him if he hadn't of been abusive," he said. "Knowing her and knowing him, I know that he forced it with his behavior."

Decker said Arroyo was known around town as a kind of "macho man," who drank, flaunted his guns and was rough with women.

"He's that kind of guy and he got his just reward," Decker said. "I just hate that other people had to get mixed up in it."

Family and acquaintances of the elder Arroyo said he was grieving over his mother's death just last week and upset over a custody dispute involving his and Estrada's youngest child.

"The only thing he wanted was to get his child custody. That's all he wanted," Marie Avelar, Arroyo's niece, told Dallas station WFAA-TV. "He was the sweetest person. ... I never see him mad, he always had a smile on his face."

Samuel Hernandez, whose sister lived near Arroyo, said he seemed like a caring father.

"I know one thing: he really loved that little boy," Hernandez told the Tyler Morning-Telegraph for Friday's editions. "He would always go everywhere with him."


"Children learn what they live"

[MYSONSDAD]

Tyler Shooting Suspect's Motive Believed To Be A Custody Battle

Witnesses say David Arroyo sprayed the back of the courthouse with
bullets and fled to Highway 271 near Duncan Street.  That's where he was
shot and killed.

"The cop got out in front of him," said witness Victor Betancourt, "and
when the cop stopped and they started getting out, I heard about two
gun shots. That's when I ran up on the scene."

"Only thing I heard two shots," said Damion Davis. "Two shots when we
got to Duncan Street they shot him. One cop was over here with an AK 47,
shot the dude and left."

Police told KLTV, 43-year-old Arroyo shot and killed his ex-wife,
Maribel, on the courthouse steps. He also shot and wounded his
23-year-old
son David Arroyo Jr.

Police say Arroyo had a history of run-ins with the law.  "He has some
weapon offenses and violations from the past," said Tyler Police Chief
Gary Swindle. "So all of that will be thoroughly looked at and
investigated."

Arroyo's former attorney, Thad Davidson, believes Thursday's bloodshed
was motivated by a custody battle over he and his ex wife's 10-year-old
son.

"He had always said he was that he was wrongly accused," Davidson said.  
Davidson represented Arroyo in a an assault, bodily harm case just
three weeks ago. The charges were filed by his ex-wife and oldest son."

"It was his day to pick up his son, his ex-wife was late to here own
house with (their son.) And when he went to pick up (their son), there
was a confrontation."

The confrontation occurred after the Arroyos divorce.  Davidson said
Arroyo had been worried and stressed about the custody battle.

"He wanted custody of his son, that's what he cared about."

Davidson says he never saw or heard anything from Arroyo that indicated
it would come to an end in bloodshed.

Davidson said child support payments were also an issue between Arroyo
and his ex-wife. Police say he was due in court for a custody hearing
on Thursday when he opened fire near the courthouse.

Maya Golden reporting, [email protected]






"Children learn what they live"

[c_alexander]

NOW is gonna run with this you know. The truth of the matter is that the guy was probably pushed to the brink. I wonder who filed the divorce papers first? They fail to mention that in the new article. Also wonder how much of the abuse is trumped up as an excuse. Just like that 10 year old boy that shot his father recently. I just don't know why people can not or will not admit that there is a problem with this system.

[MYSONSDAD]

"Children learn what they live"

[patton]

I have the reports from the Texas papers here on this story.

This man was abusive to his wife and family their whole life.  Evidently from the papers I have there were quite a few assault charges on him for family violence over the years.

In fact he was on 9 months probation for an assault charge on the 21 year old son, to be adjucated if he stayed clean.

He refused to pay support, hence the AG office was in the middle of collecting.  That meant he had to owe over at least $1,000 in arrears or the AG would never have been involved..

I fact I would be happy to scan and email anyone the articles.  

It kind of ticks you off the way some paper omit items of relevance to the cases.

[Peanutsdad]

Sorry,, I dont give a flip what NOW does with it. After speaking with people that were there,, and people who know the family, this was a pure tragedy--for the guys exwife and kids.

The man was a mean drunk, abusive to his family--except for the youngest child.

I dont know about trumped up, but the guy was a shit. He drank, he abused, he drove drunk, he shot his son, his exwife, police officers and  bystanders. Dont EVEN make him out to be some "poor shmuck" who was pushed over the edge.