Shooter gets 3 years in prison from shooting

Published 7:01 am Sunday, February 19, 2017

One of two people allegedly involved in a Nov. 13, 2016, shooting incident will serve three years in prison.

Roberto Aleman, 21, of Austin was sentenced to serve three years in prison for felony second-degree assault with a dangerous weapon in Mower County District Court on Friday.

He was also sentenced to serve a year and a day for felony fifth-degree drug possession, but the sentences will be served concurrently — or at the same time.

Roberto Aleman, 21

Roberto Aleman, 21

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He received credit for 77 days served.

The charges stem from a Nov. 13 shootout where an alleged 11 shots were fired and one shooter claims he was shot — but not injured — while wearing body armor outside Mandolin Place Apartments in Austin, according to court records.

The second man involved, Romario Luke, 22, pleaded guilty to felony second-degree possession of 25 grams or more of cocaine or methamphetamine, while felonies for first-degree aggravated controlled substance crime for possessing a firearm and being a violent felons in possession of a firearm were both dismissed, after a Nov. 23, 2016, drug bust stemming from this incident.

However, he has not been charged in the shootout.

Luke and Aleman were accused of shooting 9 mm handguns in the parking lot of Mandolin Place. No one was injured in the incident but a car and building siding were damaged by shots.

According to court records, police were dispatched at 9:21 p.m. Nov. 13 for a report of gunshots, but two vehicles had fled the scene and no one would provide much information at first.

Officers canvassed the scene and found five spent shell casings near the west entrance of Building 205 and six shell casings in a parking lot.

One bullet was found to have passed through a pillar and entered the apartment building wall, but it did not enter the apartment.

Then on Nov. 15, 2016, an officer was dispatched to the 1500 block of 10th Drive Southeast for an unoccupied 2008 Chrysler Sebring with a broken window. The vehicle belongs to Aleman’s girlfriend, Thania Sanchez, who had been in jail since Nov. 1. Officers observed multiple bullet holes on the vehicle.

Witnesses later told police they saw Luke and Aleman arguing before they started shooting at each other. Aleman fled into an apartment, while Luke left in a car driven by a man believed to be his uncle, according to the witnesses. They told police they believed Aleman was trafficking drugs with Luke, which led to the shooting.

On Nov. 22, 2016, police matched bullet casings from the Mandolin shooting to bullets taken from a garbage at 909 First Ave. NW, Luke’s residence. Luke was arrested during a Nov. 23 drug bust at the residence.

The bust uncovered several weapons, body armor, 144.27 grams of methamphetamine and 225 grams of marijuana, among other items.

Firing pins from a 9 mm pistol seized in the bust matched casings from mandolin.

Police interviewed Luke. Eventually, he admitted approaching Aleman, who he said had been causing him problems, in the Mandolin parking lot on Nov. 13 but that he only wanted to talk. Luke said Aleman pulled a gun and started shooting, hitting Luke, who was wearing body armor. Luke showed officers a red injury on his chest he attributed to the shot.

Luke admitted to shooting back at Aleman.

Aleman was later arrested during a traffic stop on the 100 block of 12th Street Southeast, near the intersection with First Place. About half a gram of methamphetamine was found in a pocket on the passenger side door of the car, next to the passenger seat in which Aleman was sitting.

Aleman admitted being at Mandolin the night of the shooting but said he was in an apartment when it occurred.