Texas man fatally shot another after a rock was thrown at him. Jury says no to murder
A Tarrant County jury has sentenced an Alvarado man to five years probation for shooting and killing a Fort Worth man who threw a rock at him during a custodial exchange in 2018.
Jurors found 35-year-old Adan Zaragoza guilty of deadly conduct on Thursday, even though he had gone to trial for a murder charge in the shooting death of William Breeze of Fort Worth.
A Tarrant County grand jury indicted Zaragoza on a murder charge on April 28, 2018.
If he violates his probation, Zaragoza would serve five years in prison.
Prosecutors declined to comment about the verdict and sentence on Friday.
On Feb. 18, 2018, Zaragoza was giving a friend and her child a ride to a house in west Fort Worth. As they turned onto the street, they were approached by 35-year-old Breeze, the child’s father, who immediately pointed at Zaragoza and threw a rock at his windshield.
“This is Texas. We have the Castle Doctrine for a reason. It is essential because it ensures that the law protects your actions in your home, vehicle, and place of employment,” defense attorney Justin Sparks told the jury. Sparks and Graham Norris, both of Fort Worth, were Zaragoza’s defense attorneys.
“If you are under attack in your vehicle, the law protects you the same as if you were under attack in your own home — places where we all should feel safe and protected.”
An arrest warrant obtained by the Fort Worth Star-Telegram gave this account of the shooting:
William Breeze and Lynn McCarey scheduled a custodial exchange involving their daughter the afternoon of Feb. 18, 2018 on Pinto Trail in Fort Worth.
Tension was high, as the two had an argument during the day.
Zaragoza drove McCarey and her daughter to meet with Breeze that afternoon. All were in the front seat of the vehicle.
Zaragoza stopped his car near the curb in the 3500 block of Pinto Trail, and Breeze was on a sidewalk, approaching the front of the vehicle. McCarey and her daughter got out of the vehicle.
Breeze had never threatened him, but McCarey had been told by others that Breeze intended to fight or harm Zaragoza.
After Breeze threw the rock, Zaragoza stayed in his car, pulled out a handgun and fired one time, the warrant states. No words were exchanged between Breeze and Zaragoza.
Zaragoza drove to the 7-Eleven at 8521 Camp Bowie Blvd., where he reported the shooting. When officers arrived, Zaragoza admitted that he had shot Breeze, according to the warrant.
Breeze was unarmed and Zaragoza did not see anything in Breeze’s hands before the shooting, the warrant states.
Defense attorneys said Friday that Zaragoza had purchased the handgun a couple years before the shooting. He had previously been trained to shoot a weapon and had a Texas license to carry a weapon.
“Adan (Zaragoza) and his family have been waiting for this day for a long time,” said defense attorney Graham Norris in a Friday news release. “On Thursday morning he was facing life in prison and by Thursday afternoon we were all walking out of the courthouse together,headed home. Today our justice system worked.”
This story was originally published October 29, 2022 at 11:05 AM.
