Suspect in custody after weekend shooting

Tabitha Fleming
Staff Writer

A suspect is now in custody following an arrest made Tuesday afternoon in the Buna Vista area of Borger. Rudy Pena Jr., is accused of shooting one person early Saturday morning following a disagreement at a local bar. Borger Police Department's [BPD] officers located and arrested Pena without incident after a district court judge issued a warrant for his arrest. Unlike some other recent accused, Pena isn't familiar to the BPD said Lt. Brandon Strope.
Texas health code states that “a physician who attends or treats...a bullet or gunshot wound...shall report the case at once to the law enforecment...of the municipality or which the institution is located.” That code is what led to the reporting of the crime. Golden Plains Community Hospital contacted police early Saturday morning after a patient came into the emergency room with gunshot wounds. The victim, as of yet unnamed, was transported via helicopter to North West Texas Hospital where he is reportedly in stable condition.
Investigators worked through the weekend and beginning of the week to collect information, interview witnesses, and check facts to ensure enough evidence was present for a district court judge to issue an arrest warrant. On Tuesday, with what the department believed to be a substantial amount of evidence the BPD requested and was issued an arrest warrant for Pena.
Pena's arrest warrant charged him with Aggravated Assault with a Deadly Weapon, because the crime involved a weapon, specifically a firearm, the charge is a first degree felony. This charge carries with it a penalty of 5-99 years in a Texas prison, as well as hefty fines. What's more, this charge is a 3G offense, which means that if convicted and sentenced to prison the accused would be required to serve at least 50% of his sentence or 30 years (whichever is less) with the minimum amount of prison time being two years.
Even though a suspect is in custody the BPD will continue to gather evidence and facts concerning the case. With Pena in custody the court system it will be up to the legal system to discern guilt or innocence and an appropriate punishment if he is convited.