ANAYA, David Abran

David Abran Anaya

David Abran Anaya was convicted for a retaliatory drive-by shooting that occurred in Amarillo during the early morning hours of May 31, 2009, following an altercation outside an after-hours nightclub.

The confrontation began after Anaya's half-brother, Anthony Escoto, was severely beaten by a group of people in the club's parking lot after firing a gun into the air. As patrons fled the scene, Escoto, who was bleeding from the assault, was placed into Anaya's car

Believing the occupants of another vehicle were responsible for attacking his brother, Anaya pursued a car carrying five people, including 19-year-old Eric Mireles. As the two vehicles traveled along Amarillo Boulevard, Anaya pulled alongside the car, accused its occupants of "jumping" his brother, and opened fire. One bullet struck Mireles in the head, killing him.

At trial, Anaya admitted firing the shots but claimed he acted in self-defense, testifying that someone in the other vehicle pointed what appeared to be a handgun at him. Investigators later recovered a black toy pistol hidden under a seat in the victims' car. The toy's orange safety markings had been removed, making it resemble a real firearm, although witnesses denied anyone pointed a weapon at Anaya during the encounter.

Anaya initially cooperated with investigators but denied being at the nightclub. After learning someone had died, he ended the interview and requested an attorney. Before an arrest warrant was issued, he fled Amarillo with the murder weapon, traveled to Albuquerque, New Mexico, exchanged the gun for lodging, and remained there until his arrest more than two months later on August 4, 2009.

A Potter County jury rejected Anaya's self-defense claim and found him guilty of:

Murder for the death of Eric Mireles.
Aggravated assault with a deadly weapon for firing into the occupied vehicle

He was sentenced to:

99 years in prison and a $5,000 fine for murder.
40 years in prison for aggravated assault, with the sentences ordered to run concurrently.

On appeal, Anaya challenged only a jury-charge issue regarding the murder conviction. The Seventh Court of Appeals affirmed both convictions and sentences, leaving the judgment intact.