Court records filed by Texas Department of Family and Protective Services (DFPS) on Monday provided a few new details into the death of a 12-year-old boy last week.
Police were called to the McDonald’s at 50th Street and Interstate 27 Thursday evening. Police said Damien Cortez was shot in the head while in the back seat of a vehicle in the drive-through.
Police said at the time “the shooting appears to be accidental.”
Police said, “Officers were advised that a teen sibling in the vehicle was in possession of a gun. At some point inside the car, the gun was pulled out and was fired, striking the 12-year-old.”
DFPS on Monday asked a judge for permission to temporarily remove two of Damien’s younger siblings from the home. The judge granted the request.
The 17-year-old brother who had the gun was already living with a different family member and was not included in the DFPS request.
DFPS said in court records that Damien’s mom was told that the 17-year-old had a gun, but she “denied looking for the gun or inquiring more.” The 17-year-old had been arrested in January for theft of a firearm. He was released from jail on bond.
Court records said, “About three weeks ago [the 17-year-old’s grandmother] reported to the Lubbock Police Department that [he] had a gun.”
The timing – three weeks – seems to match up to the time that the 17-year-old was arrested. The grandmother denied knowing that the 17-year-old had a gun on the day Damien was shot.
As for the second gun, the one that killed Damien, DFPS said the gun was bought on the street from “some lady.”
DFPS also said the autopsy of Damien’s body was not consistent with what the family said. Specific discrepancies were not listed in the court records on Monday.
The 17-year-old still faces the firearm theft charge from January. But no new charge was listed against him in court records since Damien’s death.
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