ODESSA, Texas — A man has been indicted for four counts of aggravated assault with a deadly weapon and one count of deadly conduct.
According to an arrest affidavit, on April 25 at about 3:11 a.m. the Odessa Police Department was dispatched to a residence in reference to a drive-by shooting.
The caller said that a man, later identified as Ivan Garay, had shot at her residence. An officer safety alert advised that Garay was known to be uncooperative with law enforcement and known to carry a rifle and handgun.
Upon arrival, officers made contact with Virginia Guerrero, who said that her and her husband, Garay, have been separated for about two months.
Guerrero said that at about 10:37 p.m. the day before, Garay had been texting her asking for money.
Guerrero said Garay threatened for her to just remember later because she would not answer his phone calls and only responded to texts.
Guerrero said at about 2:32 a.m. Garay tried calling her, to which she denied. She said that immediately before the shots were fired at her house she heard a loud diesel truck park in front of her residence. She then recognized it to be Garay’s truck. She didn’t see anyone outside, but then immediately heard gunshots through her bedroom.
Guerrero was able to provide officers with screenshots of the messages with Garay consistent with her statements. Police also saw numerous holes in the North wall of Guerrero’s residence and what appeared to be bullet holes throughout the interior of the residence.
Officers found a total of 15 7.62x39 rifle casings throughout the sidewalk and in the front yard of the residence. Guerrero was able to provide a screenshot of Garay’s bank activity, which showed that he made a purchase at a DK at 3:17 a.m. that day, shortly before the shooting.
Officers called Garay who said he wasn’t involved in the shooting. He said he is the only one who has access to his truck and he was located at his residence on W May Street. Officers went to that address and found Garay’s truck, which officers found to be “warm to the touch”.
Officers made contact with Garay here, who was questioned, and he said he wasn’t involved in the shooting as he was asleep. Garay also admitted that he owns a .380 handgun and that he would likely have gun residue on his hand because he shot a rifle the week before. Garay also admitted there may be some cocaine residue in his residence. He also said that he did pass by Guerrero’s residence that night but did not shoot any guns. He also couldn’t give a reason as to why he passed by the residence.
After a search warrant of Garay’s residence was executed, officers found a rifle magazine containing a combination of different 7.62.39 rifle rounds, most of which were similar to the shell casings located at the scene. They also found a baggie of .3 grams of what the officer recognized as cocaine.
Garay was booked into the Ector County Jail on April 25. He was charged with aggravated assault with a deadly weapon, possession of cocaine and three counts of deadly conduct, totaling a $104,000 bond. He was released on April 28, according to jail records.
In late September, Garay was indicted by a grand jury on four counts of aggravated assault with a deadly weapon along with one count of deadly conduct.
On Thursday, four of the five counts had a bond set at $140,000. The bond for the first count of aggravated assault with a deadly weapon is still pending.
According to Ector County court records, an arraignment hearing is scheduled for Nov. 29 at 9:30 a.m.
