A future grand jury will decide whether a Fort Hood soldier will have an armed assault charge raised to a murder charge after police said he shot at another soldier, who later died, after the two left a nightclub in Killeen.
Currently, Nakealon Keunte Mosley, 24, is charged with aggravated assault with a deadly weapon against a family member, after police said that on Sept. 4, he shot at Sgt. Francine Martinez.
Martinez, 24, who died in a Temple hospital on Sept. 16.
The Herald asked the Bell County District Attorney’s Office whether the current charge, which was filed with the court on Sept. 7, prior to the victim’s death, would be changed to murder after she died.
“All the updated information and developments in the investigation will be presented to the grand jury at the time of grand jury presentation,” said First Assistant District Attorney Stephanie Newell, in an email on Friday.
Both the current charge and murder are first-degree felonies punishable by five to 99 years, or life, in prison, according to the Texas Penal Code.
Mosley was being held in the Bell County Jail on Monday in lieu of bonds totaling $505,000, on the felony charge and a Class A misdemeanor charge of discharging a firearm in city limits. He was booked into jail on Sept. 5.
Sept. 4, 2021: 6 shots fired
Police said that Mosley fired six shots into Martinez’s red Dodge Challenger following an argument at a Killeen nightclub. Killeen police said that Martinez was at a nightclub with friends and Mosley also was at the club that night.
“Witnesses reported that Martinez left the club and the suspect approached her in the parking lot,” according to the affidavit. “A verbal altercation took place before Martinez left in a red Dodge. The suspect followed in his white Chrysler. While traveling on a roadway, the suspect pulled up alongside the red Dodge and fired several shots from his vehicle into the Dodge.”
The shooting happened about 1:50 a.m. in the 100 block of West Elms Road. As officers were on their way to the scene, they were advised that a gunshot victim was transported by private vehicle to Seton Medical Center Harker Heights, according to the affidavit. She was subsequently being airlifted to Baylor Scott and White Medical Center in Temple, where she died 12 days after the shooting.
As part of the investigation on Sept. 4, a Killeen police officer was dispatched to the Heights hospital to examine the victim’s vehicle that was parked there.
“(The officer) arrived on scene and found a red Dodge Challenger parked in front of Seton Hospital with six bullet holes on the passenger side,” according to an affidavit obtained by the Herald through the Texas Public Information Act. “(The officer) was told by three credible witnesses that they were at the Hangover Bar & Grill when they witnessed Mosley fire shots from a gun toward a red Dodge Challenger.”
Police later located six 9-mm shell casings in the roadway of the 100 block of East Elms Road, according to the affidavit.
Images on Mosley’s Facebook page showed the soldier posing with guns and writing questionable content in recent months.
Both Mosley and Martinez were assigned to the 1st Cavalry Division at Fort Hood, and previously both served at Fort Carson, Colorado. They had a child together, and were previously in a dating relationship, police said in the arrest affidavit.
According to Bell County court records, Martinez on Aug. 18 filed a “petition to establish the parent-child relationship,” which is a necessary first step for courts to order child support and to handle issues of custody and visitation.
No hearings had been held on the case, which was closed on Sept. 22, but court records show that Mosley was served court paperwork by a Bell County Constable on Aug. 31, less than a week before the shooting.
In the court documents obtained by the Herald, Martinez is listed as the custodial parent of the child. In the petition, Mosley was ordered to produce financial statements to determine his income and health insurance coverage, and to pay any costs associated with proceedings.