AUSTIN (KXAN) – A man accused of shooting a teenager who was setting off fireworks on in the early hours on the Fourth of July faces a first-degree murder charge after police say his story didn’t match what witnesses and cellphone footage shows.
Jason Roche, 41, told police he had gone up to Devonte Ortiz, 19, multiple times and asked him to stop shooting off fireworks in the Pleasant Hill Apartments at 2501 Anken Dr. He claimed he shot Ortiz in self-defense in his torso.
“Roche stated Ortiz had removed a firearm from the vehicle minutes before the shooting but had placed it on the ground,” an affidavit stated, adding that police found the Mossburg AR-15 style rifle next to the driver’s side of a Nissan sedan.
However, two witnesses showed police cellphone footage of part of the argument that happened around 1:26 a.m. “Jason Roche is observed displaying a firearm at Ortiz, re-holstering the firearm then displaying the firearm multiple times,” the affidavit stated. It also showed Roche following Ortiz around the car.
Roche’s father tried to intervene in their argument and he and Ortiz started shoving one another, the video showed. The father fell to the ground. “During this point of the video footage, Ortiz was not holding a firearm. After Ortiz shoves [the father], Jason Roche responded by shooting Ortiz,” the affidavit said.
Ortiz died at the hospital. According to the affidavit, police believe Ortiz was moving away from the firearm and not lunging toward it like Roche had told detectives.
The Austin Justice Coalition is holding a vigil for Ortiz at the Travis High School football field at 1211 E. Oltorf St. at 6 p.m. Ortiz played football there and was an honor roll student. A GoFundMe has been set up to help with funeral arrangements and to help support his family.
Roche’s bail is set at $250,000. He’s in custody in the Travis County Jail.
