Abbott to Grapevine crash suspects: ‘Here’s your Death Penalty.’ Could it happen?
Texas Gov. Greg Abbott offered his thoughts about the hit-and-run jet ski crash that killed 18-year-old kayaker Ava Moore at Grapevine Lake on Memorial Day weekend.
Following the arrests of two suspects in the case on Tuesday, Abbott posted on X, where he shared a link to a news story and wrote, “Welcome to Texas. Here’s your Death Penalty.”
So could the suspects arrested in connection to Moore’s death face execution under Texas law?
When asked at a Wednesday news conference whether the death penalty is a possibility, Texas Game Warden Capt. Joseph Quintero said the most serious charge the driver of the jet ski currently faces is manslaughter. The Game Wardens, a division of the Texas Parks and Wildlife Department, are the lead investigating agency in the case.
Manslaughter, a second-degree felony, carries a sentence range of two to 20 years in a state prison if convicted.
An arrest warrant affidavit for the suspect, 21-year-old Daikerlyn Alejandra Gonzalez Gonzalez, also lists potential charges of reckless operation and excessive speed in a personal watercraft, and leaving the scene of an accident involving death.
Also arrested was 21-year-old Maikel Coello Perozo, who is accused of helping Gonzalez to escape from the crash scene in a car. Coello Perozo hit two other cars while driving away, but no injuries were reported in those collisions, authorities said. His arrest warrant lists potential misdemeanor charges of collision involving damage to a vehicle and hindering apprehension.
Andrew Mahaleris, a spokesperson for Abbott’s office, released a statement in response to the Star-Telegram’s query for clarification regarding the governor’s post.
“The State of Texas has no tolerance for heinous criminals who kill Texans,” Mahaleris said in the statement. “The victim’s family deserves swift justice, and the criminal illegal immigrants should be prosecuted to the fullest extent of the law. All Texans deserve protection from unchecked criminal activity.”
The Tarrant County Criminal District Attorney’s Office will prosecute the case and is responsible for determining which charges to file. The DA’s office had not filed charges as of Thursday, according to court records. After charges are filed, the case would go to a grand jury, which would decide whether to indict and on which charges.
In an emailed statement, Tarrant County Criminal District Attorney Phil Sorrells expressed his appreciation for the agencies involved in investigating Moore’s death, but didn’t indicate what charges might be forthcoming against the two suspects.
“They are continuing to work on a thorough investigation with cooperation from witnesses and the public,” Sorrells said in the statement. “Gonzalez Gonzalez and Coello Perozo are both in the Tarrant County Jail and have immigration holds from ICE. We extend our deepest condolences to the Moore family and intend to do our part in delivering justice to them for this senseless homicide.”
Defendants are only eligible for the death penalty if they are convicted of a capital crime, for which the law defines strict criteria.
Under Texas Penal Code Section 19.03, charging someone with capital murder requires proof of intent to kill or cause serious injury, or a death being caused by someone committing or attempting to commit another felony other than manslaughter. And the case must meet one or more of the following aggravating factors, according to the Texas Department of Criminal Justice.
- Murder of a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;
- Murder during the commission or attempted commission of kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat;
- Murder for remuneration (murder for hire) or promise of remuneration or employing another to commit murder for remuneration or promise of remuneration;
- Murder during escape or attempted escape from a penal institution;
- Murder, while incarcerated in a penal institution, of a correctional employee or with the intent to establish, maintain, or participate in a combination or in the profits of a combination;
- Murder while incarcerated in a penal institution for a conviction of murder or capital murder;
- Murder while incarcerated in a penal institution serving a life sentence or a 99-year sentence for a conviction of aggravated kidnapping, aggravated sexual assault, or aggravated robbery;
- Murder of more than one person during the same criminal transaction or during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct;
- Murder of an individual under 10 years of age, or older than 10 years of age but younger than 15 years of age; or
- Murder in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court.
Gonzalez and Coello Perozo are from Venezuela, according to U.S. Immigration and Customs Enforcement spokesperson Joshua Johnson. They were both arrested while crossing the southern border illegally in 2023 or 2024, processed, given a notice to appear and then released, he said.
ICE has lodged immigration detainers for both suspects, Johnson said, which means they will be turned over to ICE custody once the state of Texas has completed its criminal cases against them. At some point, they will appear before an immigration judge who will have the final decision on whether they are deported to Venezuela, he said.
This story was originally published May 29, 2025 at 12:30 PM.
