Today a Marion County Grand Jury unanimously found that Carlos Texidor, 19, was justified in the fatal shooting of Anthony Brown, 20.
On August 1, 2016, Salem Police officers responded to the 1500 block of Nebraska Avenue NE in Salem, Oregon, on reports of shots being fired. The investigation led to the home of Carlos Texidor and revealed that Texidor's home was being burglarized by Brown when Brown attacked Texidor with a rifle. During a struggle over the rifle, Texidor defended himself by shooting Brown. An autopsy revealed that Brown died from gunshot wounds.
The grand jury took testimony from six witnesses, including a detective from the Salem Police department, a medical examiner and civilian witnesses. They further reviewed relevant photographs, audio, video, and scene diagrams.
Pursuant to Oregon Revised Statutes, in order to be justified in his use of deadly force, Texidor had to reasonably believe that:
(1) Anthony Brown was committing or attempting to commit a burglary in a dwelling; or
(2) Anthony Brown was committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or
(3) Anthony Brown was using or about to use unlawful deadly physical force against himself (Texidor) or another person.
The Grand Jury's decision required a review of all the facts and evidence available to it, as well as the application of that evidence to the legal principles outlined above. The Grand Jury was afforded an opportunity to request additional evidence, but declined. The decision of the Marion County Grand Jury was that the actions of Carlos Texidor were justified.
Due to a related pending juvenile matter, the DA's Office will not release any further details at this time.
On September 30, 2016, before the Honorable Dale Penn, David Gene Elliott, 29, pleaded guilty and was sentenced for the assault and murder of 3 year-old Aniya Zamora, and assault of 5 year-old Xadrian Zamora. Elliott pleaded guilty to Murder by Abuse and two counts of Assault in the Third Degree. Elliott admitted to causing blunt force trauma to Aniya's abdomen which contributed to her death and causing Xadrian physical injury. For the crime of Murder by Abuse, Elliott was sentenced to the presumptive sentence of life imprisonment with a mandatory minimum of 25 years before he is eligible for parole. For the crimes of Assault in the Third Degree, Elliott was sentenced to 13 months in the Department of Corrections on each count, concurrent to all counts.
Aniya Zamora and Xadrian Zamora were the children of Elliott's girlfriend, Mercedes Alvarado, 26. Aniya had vomited three times over an 18 hour period when she was placed in the bathtub on April 15, 2013. While Aniya was in the bath, Alvarado was in another room wearing noise canceling headphones. Her live-in boyfriend, David Elliott, went to check on Aniya and found her floating face down in the bathtub. Alvarado and Elliott were the only adults in the home at the time. According to Clifford Nelson of the State Medical Examiner's Office, Aniya died of cerebral anoxia due to near drowning after blunt force abdominal trauma. Her death was ruled a homicide.
In June of 2015, Alvarado, was convicted of Manslaughter in the First Degree by a jury in Marion County for recklessly, by neglect or maltreatment, causing the death of her 3 year-old daughter Aniya. Alvarado was sentenced to 10 years in the Department of Corrections.