A federal grand jury earlier this week added to its indictment against an ex-Fort Hood soldier accused of shooting his handgun at a soldier on post in February.
Ricardo Manuele Davila-DeJesus, 28, was indicted by a federal grand jury on Feb. 9 on one felony charge of aggravated assault with intent to do bodily harm.
The case was presented again to a federal grand jury, which on Tuesday returned a three-count felony indictment against Davila-DeJesus, according to the “superseding indictment” filed in the U.S. District Court, Western District of Texas.
He now is facing two counts of assaulting, resisting or impeding officers, according to the indictment.
The federal indictment alleges that during the Feb. 6 incident, Davila-DeJesus kicked one military police officer in the chest and legs and spit in the eyes, nose and mouth of a second military police officer as they attempted to arrest him following the shooting.
He has pleaded not-guilty to the original indictment. A re-arraignment is set for June 29 and jury selection is scheduled to begin on July 12 at the federal courthouse in Waco.
U.S. District Judge Alan Albright will hear the case, court documents show.
After his arrest in February, Davila-DeJesus was held without bond in the McLennan County Jail until a hearing on March 15 when the judge allowed him to be released to a psychiatric treatment facility, according to court documents.
The allegations stem back to Feb. 6, when police said that Davila-DeJesus became intoxicated and later shot his .45-caliber handgun toward a soldier, according to a four-page affidavit written by an FBI agent who investigated the incident.
The agent was notified by military police investigators “that they had received a report of an assault within special maritime and territorial jurisdiction of the U.S. occurring on the Fort Hood military installation,” according to the affidavit.
At around 12:50 a.m. on Feb. 6, military police responded to a location on Fort Hood after a report of shots fired in the vicinity of Building 9421. “Upon arrival, the MPs patrol observed Davila-DeJesus being aggressive toward and non-compliant with others at the scene,” police said. “MPs also observed a Glock 30, .45-caliber handgun, which had been recovered from Davila-DeJesus.”
Police said that Davila-DeJesus had been inside the building with other people, when he became intoxicated and argumentative. Multiple people attempted to find a ride home for Davila-DeJesus.
“Davila-DeJesus was arguing with (the victim, a soldier) outside the barracks when Davila-DeJesus retrieved the Glock 30 firearm ... and pointed the firearm at (the victim). (The victim), who was in fear for his life, turned and ran from Davila-DeJesus into the building,” according to the affidavit.
The victim said he heard three gunshots coming from the direction of Davila-DeJesus, who was “subdued and disarmed by others” following the alleged shooting.
Police said they found spent shell casings at the scene.
“MPs detained Davila-DeJesus, (who) became aggressive and non-compliant,” according to the affidavit.
Four 3rd Cavalry Regiment “Brave Rifles” troopers were honored on Feb. 23 for their actions during the incident. The four soldiers confronted Davila-DeJesus, disarmed and subdued him, according to their accounts of the incident in a Herald story on Feb. 23.