The migrant farm worker was serving time at the Robertson Unit near Abilene. He was half way through a 3-year sentence for assault, resisting arrest, and injury to a child. Just before 8am, Avellaneda and about 20 other inmates were removing dirt from a field near the unit. A horse-mounted guard fired a warning shot as Avellaneda took off running. Avellaneda made an obscene gesture and continued to run. The officer then fired one shot from his .357, striking the fleeing inmate between the eyes. Several inmates insisted that he had surrendered and had his hands in the air when the officer fired. The officer was cleared of any wrongdoing.
The migrant farm worker was serving time at the Robertson Unit near Abilene. He was half way through a 3-year sentence for assault, resisting arrest, and injury to a child. Just before 8am, Avellaneda and about 20 other inmates were removing dirt from a field near the unit. A horse-mounted guard fired a warning shot as Avellaneda took off running. Avellaneda made an obscene gesture and continued to run. The officer then fired one shot from his .357, striking the fleeing inmate between the eyes. Several inmates insisted that he had surrendered and had his hands in the air when the officer fired. The officer was cleared of any wrongdoing.
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