One charged in Wednesday shots fired incident

Published 10:18 am Friday, February 5, 2016

One man was charged and another is set to appear in court after a dispute over a woman sparked an altercation and led to someone firing gunshots into the air early Wednesday morning in Austin.

Phabayo Nygare Gilo, 18, was charged Thursday in Mower County court with one count of being a violent felon in possession of a firearm, one count of fifth-degree drug possession, one count of reckless discharge of firearm within a municipality, all felonies, and one charge of giving a false name to an officer, a gross misdemeanor.

Phabayo Nygare Gilo

Phabayo Nygare Gilo

Officers responded to the 800 block of 11th Street Northeast shortly after 12 a.m. Wednesday when a woman called for police, according to the court complaint. Dispatchers heard yelling and screaming in the background of the call. Dispatch updated officers while they were on their way that a firearm was involved and that the suspects left in a maroon car headed toward the 11th Drive Northeast ramp to Interstate 90.

Email newsletter signup

Officers arrived on scene and met with a woman and man who said a vehicle showed up on the south side of her home and someone knocked on the back door. When the man answered the door he was pulled out of the house by a male suspect, later identified as Semaj Maurice Dow Jr., who said, “Why you with my girl?” Then Dow allegedly punched the male victim, according to the woman.

She reported the altercation involved two other male suspects, and she called the police for help. When the suspects heard the woman had called police, they reportedly fled in a small maroon, four-door car with five people inside. As the car was driving away, the parties reportedly exchanged words.

As the car neared 12th Street Northeast, the female victim heard gun shots and saw a muzzle flash which she described as “sparks,” though she said the gun was fired into the air and not at a residence, according to the complaint.

Officers found the man who’d been punched and saw he had a washcloth wrapped around his right hand and swelling on his forehead, but he declined medical attention and refused to have his injuries photographed.

Officers located blood near the back door of the woman’s home, along with a bloody T-shirt and a broom that were all photographed and collected as evidence.

However, officers found the man had an aggravated robbery warrant from Illinois and arrested him.

Officers located the suspect vehicle, a 2011 Honda Accord, which was occupied by Dow, who was bleeding from the head. Officers were familiar with Dow from numerous recent calls involving him at a different address — the 1600 block of Sixth Avenue Northwest — according to the report. Officers were northbound in the 600 block of 14th Street Northwest when they saw the Honda Accord traveling south on 14th Street Northwest. The Honda turned west on Sixth Avenue Northwest in the direction of the aforementioned location, but drove past and pulled over in the 1900 block of Sixth Avenue Northwest.

Officers stopped behind the Honda and illuminated it with a spotlight. Then both rear doors opened and Dow exited the rear driver’s side door and gave officers a false name. But officers ordered all suspects on the ground or to place their hands up, at gunpoint, whereas everyone complied and officers waited for backup. All suspects were taken into custody.

Gilo was also in the vehicle, along with two other adult men and one juvenile woman. Gilo and Dow both gave officers false names, one of which was the name of a real person, according to the complaint.

Officers cleared the Honda and found a handgun under the car. The .22-caliber revolver was directly under the rear passenger side door, and had six empty shell casings with no live rounds. Officers also found a recently discarded dark glove on a snow pile near the area. Both were collected as evidence, and the Honda was towed for processing.

Upon reviewing the squad video surveillance, officers saw the Honda’s rear right door opened first, and then the rear left door. The video showed Gilo crouch down and lean out of the car twice but not immediately exit.

Dow then exited the car and walked toward the squad car, getting to the ground when told by officers.

Gilo then exited the passenger side rear door of the Honda and officers saw he had a dark glove on his right hand for a short time, before putting both hands behind his back and throwing the glove in the snow, then getting to the ground. The three other people then exited and got to the ground.

Gilo reportedly had a pill bottle in his pocket containing 10 pills identified as amphetamine.

Gilo’s criminal history reflected a juvenile delinquency adjudication for second degree burglary on April 14, 2014. Gilo’s next scheduled court appearance is Feb. 18. Dow has been cited, but his first court appearance is scheduled for March 7.