Texas shooting – live: Survivor says son, 9, died running to mom as Greg Abbott walks back ‘immigrants’ line

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A man whose wife and son died in Friday’s horror mass shooting in Cleveland, Texas, has revealed how the nine-year-old boy died running to help his mother.

Wilson Garcia told NBC News that Daniel Enrique Laso-Guzman saw his mother, 25-year-old Sonia Argentina Guzman, being shot when accused gunman Francisco Oropesa burst into their home and opened fire with an AR-15-style rifle.

The brave nine-year-old ran towards his mother to try to protect her and was also shot dead.

In total, five victims – Guzman, Daniel, Diana Velazquez Alvarado, 21, Julisa Molina Rivera, 31, and Josué Jonatán Cáceres, 18 – were killed in the attack which began when the family asked their neighbour Mr Oropesa if he could stop firing his gun because their baby was trying to sleep.

More than three days on, Mr Oropesa, 38, is still on the run.

A potential sighting on Monday plunged schools into lockdown but the gunman was not found.

Meanwhile, Texas Governor Greg Abbott has been forced to walk back his comments calling the victims “illegal immigrants”.

The statement sparked a backlash before Mr Abbott’s office then said at least one victim “may have been in the United States legally”.

Key Points

  • Search widens for suspect as ‘zero leads’ after shooting

  • Five dead in Texas shooting as armed suspect on the loose

  • Victims in deadly Texas shooting named as survivor recounts confronting gunman with machete

  • Texas mass shooting suspect could be anywhere, sheriff says

  • What do we know about the suspect?

Survivor recounts confronting gunman with machete

10:00 , Rachel Sharp

The victims in Friday night shooting have been identified as Sonia Argentina Guzman, 25, her eight-year-old son Daniel Enrique Laso, Diana Velazquez Alvarado, 21, Julisa Molina Rivera, 31, and Josué Jonatán Cáceres, 18, according to 12 News

Velazquez’s husband Jefrey Rivera told the Honduran network HCH that his wife died protecting their children. He said she hid in a closet with some of the children in the home. The two other deceased women were found lying on top of two children covered in blood. Police said on Saturday that they died protecting the two minors, who are both believed to have survived.

Recounting the terrifying moments leading up to the massacre, Mr Rivera said that someone in his household asked Mr Oropesa to stop shooting rounds in his yard because they had several children in the home who were trying to sleep.

Mr Rivera said that when he saw his very intoxicated neighbour approaching with an AR-15 rifle, he threw a machete at him in an attempt to protect other relatives in the home.

“I realised he was coming in our direction while armed with a rifle, so I tried to find something to defend myself with and found a machete.” Mr Rivera told HCH in Spanish. “But by the time I found the machete, shots had already been fired.

Mr Oropesa and Mr Rivera then had a brief confrontation, in which the gunman allegedly said, ‘I’m going to kill you today.’

Mr Rivera then reportedly said: “I’m going to kill you first because you’ve already killed my family.”

Mr Rivera said he managed to escape the violence and called authorities.

Heroic mother confronted Texas gunman at door after calling 911 five times before horror mass shooting

09:02 , Graeme Massie

A mother gunned down in a mass shooting in Texas on Friday was killed when she heroically confronted the gunman at the doorway to her home after the family had called 911 five times to report the suspect.

Wilson Garcia spoke out at a vigil in Cleveland, Texas, on Sunday night after his wife Sonia Argentina Guzman, 25, and eight-year-old son Daniel Enrique Laso were among the five innocent victims killed in the shocking massacre.

Mr Garcia said that the shooting unfolded when the family asked suspect Francisco Oropesa to stop firing his gun so close to their home because the children were trying to sleep.

Mr Oropesa refused, saying he was on his property so could do what he wanted. As the shooting continued, the family called 911 to report Mr Oropesa.

The Independent’s Rachel Sharp has the story:

Heroic mother confronted Texas gunman after calling 911 five times before shooting

Gov Greg Abbott slammed for calling Texas mass shooting victims ‘illegal immigrants’

07:54 , Graeme Massie

Texas Governor Greg Abbott has sparked outrage by referring to the five victims of a deadly mass shooting as “illegal immigrants”.

For nearly two days, Mr Abbott failed to address the act of senseless violence that shook residents of Cleveland, Texas, on Friday (28 April).

Finally, on Sunday, Mr Abbott’s office released a statement announcing a $50,000 reward for the suspected gunman Francisco Oropresa. In the first line, the suspect was called a “top 10 fugitive who is in the country illegally and killed five illegal immigrants in a shooting”.

The Independent’s Ariana Baio reports:

Greg Abbott slammed for calling Texas mass shooting victims ‘illegal immigrants’

Texas shooting survivor speaks out

07:10 , Graeme Massie

Wilson Garcia, the man who lived next door to suspected Texas shooter Francisco Oropesa, spoke about surviving the shooting and losing his wife and nine-year-old son during a vigil on Sunday.

” I am trying to stay strong for my children,” Mr Garcia told media while crying.

Mr Garcia’s son, Daniel Enrique Laso, and wife, Sonia Argentina Guzman, 25, were among the five people killed during the horrific shooting.

The shooting occurred Friday evening after Mr Garcia asked Mr Oropesa to stop shooting his gun in his yard because it was keeping his baby awake.

Mr Oropesa, who was said to be drinking alcohol, went over to the home Mr Garcia lived with several other people and opened fire.

Three other people, including two women who died shielding Mr Garcia’s baby and two-year-old daughter, were shot dead.

Mr Garcia said one of the women told him to jump out the window, “because my children were without a mother and one of their parents had to stay alive to take care of them.”

“I have no words to describe what happened,” Mr Garcia said in Spanish at a vigil. “We are alive but there is no life.”

TEXAS-MASACRE (AP)
TEXAS-MASACRE (AP)

Watch: San Jacinto County Sheriff’s Office press conference

06:02 , Graeme Massie

Texas shooting suspect had been deported from US four times

05:04 , Graeme Massie

Francisco Oropesa, the man accused of fatally shooting five people including a nine-year-old boy in Cleveland, Texas this past weekend has been deported from the US four times, according to a report from CNN.

Mr Oropesa, an undocumented immigrant from Mexico, according to Texas Governor Greg Abbott’s office, had been apprehended and removed from the US several times, according to an unnamed source within US Immigration and Customs Enforcement (ICE).

According to the source, Mr Oropesa, whose full name is reportedly Francisco Oropesa Perez-Torres, was first removed by an immigration judge in March 2009.

Mr Oropesa reentered the United States but was removed again in September 2009, January 2012 and July 2016, according to the report.

What we know about Francisco Oropesa

04:08 , Graeme Massie

Over 200 members of law enforcement are searching for 38-year-old Francisco Oropesa, who is suspected of fatally shooting five people who lived in the same home in Cleveland, Texas.

Mr Oropesa allegedly entered his neighbor’s home armed with an assault-style rifle on Friday evening (28 April) after his neighbor, Wilson Garcia, asked him to stop shooting his gun in his backyard because it was keeping Mr Garcia’s baby awake.

He then opened fire, killing five people including a nine-year-old boy.

Here’s what we know about the alleged shooter:

Ariana Baio reports:

Who is Texas shooting suspect Francisco Oropesa?

Two women died protecting children who survived massacre sparked by noise complaint

03:05 , Graeme Massie

Two Texas women died while protecting children from a gunman who also killed three others, including an eight-year-old child.

The violence unfolded on Friday night when neighbours in the city of Cleveland, about an hour away from Houston, asked 38-year-old Francisco Oropeza to stop shooting rounds in his yard because they had sleeping children in the home, San Jacinto County Sheriff Greg Capers said.

Mr Oropeza, who is said to have been intoxicated and armed with an AR-15 style rifle, allegedly stormed inside his neighbours’ home and fatally shot five people and injured three others. The fatal victims, whose ages ranged from nine to around 40, were originally from Honduras.

Andrea Blanco reports:

Two women died protecting kids who survived Texas massacre sparked by noise complaint

How many mass shootings have there been in 2023?

02:01 , Graeme Massie

Among high-income countries around the world, the United States has for years stood out for one reason: its rate of gun violence.

Over the last decade, among relatively wealthy countries with populations of 10m or more, the rate of gun violence in the US has far surpassed that of any other nation.

This year is on track to be no different. According to data from the Gun Violence Archive, there have as of mid-April already been 149 mass shootings in the US — with gun violence claiming lives in every state in the country.

Abe Asher reports:

Pictures as hunt continues for shooting suspect

Tuesday 2 May 2023 00:31 , Graeme Massie

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Abbott expresses ‘regret’ over ‘illegal’ comment

Monday 1 May 2023 23:55 , Graeme Massie

Governor Greg Abbott’s office said on Monday that federal officials had given them inaccurate information about the immigration status of the victims.

The Republican politician has been widely criticised for focusing on their legal status in the country after they were gunned down by suspect Francisco Oropesa.

“We’ve since learned that at least one of the victims may have been in the United States legally,” Abbott spokesperson Renae Eze said in a statement on Monday. “We regret if the information was incorrect and detracted from the important goal of finding and arresting the criminal.”

Schools on lockdown amid possible sighting of Texas shooting suspect

Monday 1 May 2023 23:20 , Graeme Massie

Authorities are looking for Francisco Oropesa who is accused of killing five people.

Schools on lockdown amid possible sighting of Texas shooting suspect

Sheriff says suspect not found after tip

Monday 1 May 2023 23:04 , Graeme Massie

“A tip was received that a Hispanic male was seen walking near Caney Creek at Crockett Martin and FM 2090 who resembled Oropesa. The wood line &surrounding areas were searched, all persons in the area were investigated, and none were found to be Oropesa,” tweeted MCSO.

Schools placed in lockdown after possible sighting if suspect

Monday 1 May 2023 22:14 , Graeme Massie

Officials in Montgomery County say they received the report of a possible sighting of Francisco Oropesa, the second one of the day.

A man was seen in the area of Crockett Martin and FM 2090, according to the sheriff’s office who have asked people to avoid the area. Earlier in the day a man matching the suspect’s description was spotted near a landfill in the area.

Caney Creek High School, Moorhead Junior High School, Grangerland Intermediate School, Milam Elementary School, Hope Elementary School and Creighton Elementary School had all secured their buildings according to the sheriff’s office.

All staff and students are safe, officials told the Houston Chronicle.

Houston FBI and San Jacinto Sheriff thank people for support

Monday 1 May 2023 21:12 , Ariana Baio

On Twitter, San Jacinto County Sheriff Greg Capers and Special Agent James Smith thanked people for their support as they work to catch the suspected shooter who killed five people this past weekend.

“Sheriff Greg Capers and SAC James Smith would like to thank everyone in the San Jacinto County and surrounding communities for their support to all of the law enforcement personnel working the Cleveland, TX shootings these last three days,” the Houston FBI Twitter wrote.

“Thank you for your support and kindness,” they added.

Police admit suspect Francisco Oropesa ‘could be anywhere’

Monday 1 May 2023 20:40 , Ariana Baio

The San Jacinto County Sheriff’s Office and the Houston FBI said 38-year-old Francisco Oropesa “could be anywhere” as the manhunt for the suspected shooter continues.

Mr Oropesa, 38, is believed to have entered his neighbour’s home on Friday (28 April) and fatally shot five people, including a nine-year-old boy.

San Jacinto County Sheriff Greg Capers said investigators found a cell phone and clothing believed to belong to Mr Oropesa in a forested area. K9 units from the Texas Department of Correction picked up a scent but eventually lost it.

Over 200 law enforcement agents are searching for Mr Oropesa.

As of now, there are “zero leads” according to James Smith, the FBI special agent in charge.

9-year-old who died in shooting was trying to protect his mother

Monday 1 May 2023 18:10 , Ariana Baio

Daniel Enrique Laso-Guzman, the nine-year-old boy who was killed by gunfire in the shooting this weekend, was said to have died trying to protect his mother, according to his father.

Wilson Garcia told NBC News his son saw his mother, 25-year-old Sonia Argentina Guzman, fall after being shot and ran toward her to try and protect her.

Husband and father of victims sets up GoFundMe

Monday 1 May 2023 17:50 , Ariana Baio

A GoFundMe has been set up in memory of Sonia Argentina Guzman and Daniel Enrique Laso-Guzman in the hope of sending their remains back to their home country of Honduras.

Wilson Garcia, the husband of Ms Guzman and father of Daniel, wrote on the GoFundMe page, “I would like you to help me raise funds to be able to send my wife and son to their native country Honduras and repatriate those who died in the murder in Cleveland Tx.”

Mr Garcia asked for $20,000 but so far has exceeded that goal, raising over $34,500.

FBI Houston release photo of Francisco Oropesa

Monday 1 May 2023 16:40 , ariana.baio

FBI Houston released a photo of suspected Texas shooter Francisco Oropesa on Twitter and announced an $80,000 reward ($25,000 from the FBI) for information and tips that lead to his arrest.

Mr Oropesa is suspected of fatally shooting five people in Cleveland, Texas this past weekend

Over 200 law enforcement officers looking for suspect

Monday 1 May 2023 16:15 , Ariana Baio

The FBI in Houston tweeted on Monday that over 250 law enforcement officers are currently searching for Francisco Oropeza, the suspect accused of fatally shooting five people this past weekend.

“FBI Houston and other local, state, & federal agencies will not stop assisting SJSO until he is captured and justice is brought on behalf of the 5 victims,” FBI Houston wrote.

Law enforcement searching for suspect in

Monday 1 May 2023 15:30 , Ariana Baio

The San Jacinto County Sheriff’s Office is currently searching for the suspected shooter, 38-year-old Francisco Oropeza.

On Facebook, law enforcement shared a photo of Mr Oropeza who is accused of fatally shooting five people, including a 9-year-old boy in the early hours of Saturday 29 April.

An “extensive manhunt” is currently underway for Mr Oropeza.

The San Jacinto County Sheriff’s Office is asking the public to contact them with any tips or information that could lead to Mr Oropeza’s whereabouts.

“Oropeza is considered armed and dangerous, do not approach or attempt to apprehend. Contact local authorities immediately,” law enforcement wrote.

Mother and son among five killed in Texas mass shooting

Monday 1 May 2023 14:00 , Andrea Blanco

The victims have been identified as Sonia Argentina Guzman, 25, her eight-year-old son Daniel Enrique Laso, Diana Velazquez Alvarado, 21, Julisa Molina Rivera, 31, and Josué Jonatán Cáceres, 18, according to 12 News.

Family members told the Honduran network HCH on Sunday morning that Sonia Guzman was the mother of the eight-year-old killed in the shooting. A cousin of Guzman told the network that she had moved to the US eight years ago, while her son had spent five years living in America.

Guzman, a mother of three, leaves behind a two-year-old daughter and a six-month-old baby. Her husband survived the shooting.

Her family has created a GoFundMe to raise funds so Guzman and her son’s remains can be repatriated.

“I just spoke with her on the phone yesterday and now they’re sending her back to me in a casket,” Guzman’s mother Francia told HCH.

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Texas family called police five times before shooting

Monday 1 May 2023 13:40 , Rachel Sharp

The victims of Friday’s mass shooting in Texas had called 911 five times before the massacre unfolded, according to a survivor who lost his wife and son in the attack.

Wilson Garcia told The Associated Press that the family had initially asked suspect Francisco Oropesa to stop shooting so close to their home as it was scaring their baby.

Mr Oropesa refused, saying he was on his property so could do what he wanted.

Mr Garcia said that the shooting continued so the family called 911.

In total, they made five calls to police in the 10 to 20 minutes beteween the initial confrontation and the massacre, he said.

During each call, Mr Garcia said police reassured them that help was on its way.

But police had not yet arrived when Mr Garcia said he saw the suspect running towards his house with his AR-15-style rifle.

Inside, the gunman allegedly opened fire killing five victims.

Heroic mother confronted Texas gunman at door

Monday 1 May 2023 13:20 , Rachel Sharp

A mother killed in Friday’s mass shooting in Texas died when she heroically confronted the gunman at the door to her home, it has been revealed.

Wilson Garcia spoke out at a vigil in Cleveland, Texas, on Sunday night after his wife Sonia Argentina Guzman, 25, and eight-year-old son Daniel Enrique Laso were killed in Friday’s horror attack.

Mr Garcia said that the shooting unfolded when the family asked suspect Francisco Oropesa to stop shooting in the yard as it was scaring their baby.

Mr Oropesa refused and around 10 to 20 minutes later, Mr Garcia said he saw the suspect running towards his house while reloading his AR-15-style rifle with ammunition.

He said he urged his wife to get inside away from the gunman but that she refused – and went to confront him instead.

“I told my wife, ‘Get inside. This man has loaded his weapon,’” he said.

“My wife told me to go inside because ‘He won’t fire at me, I’m a woman.’”

Ms Guzman was wrong and she was the first victim killed in the attack.

Survivor reveals the family lived next door to gunman for three years

Monday 1 May 2023 12:40 , Rachel Sharp

One of the survivors of the horror shooting has revealed that the family lived next door to the accused gunman for the last three years.

Wilson Garcia spoke out after his wife Sonia Argentina Guzman, 25, and eight-year-old son Daniel Enrique Laso were killed in the mass shooting, while suspect Francisco Oropesa remains at large more than two days on.

Mr Garcia said he and his family moved in around three years ago but had barely exchanged words with him before Friday.

“I never had a problem with him. I can’t believe what he did,” he said.

Father of baby whose crying led to Texas mass shooting reveals horror as suspect went 'room to room' killing victims

Monday 1 May 2023 12:20 , Rachel Sharp

The father of the baby whose crying led the family to ask their neighbour to stop shooting – and for the neighbour to then go on a shooting rampage killing five people – has revealed the horror of the attacck where the suspect went “room to room” shooting victims.

Wilson Garcia spoke out after his wife Sonia Argentina Guzman, 25, and eight-year-old son Daniel Enrique Laso were killed in the mass shooting, while suspect Francisco Oropesa remains at large two days on.

He told ABC13 that he and his wife had just put their one-month-old baby to bed when they heard the suspect firing his gun outside.

He said that they asked him to stop shooting so the baby could sleep – also warning him that they would call the police if he didn’t stop.

“We asked him to be quiet ’cause my baby was scared,” he said.

Instead of stopping, Mr Oropesa allegedly entered the home with his AR-15-style gun and killed five people.

“I never thought that he would shoot,” said Mr Garcia.

“He went room to room, looking for people.”

He managed to avoid the gunfire despite the bullets flyign around him, he said.

Sheriff chokes back tears as he vows to find suspect

Monday 1 May 2023 12:00 , Andrea Blanco

San Jacinto County Sheriff Capers became emotional as he announced a Sunday night vigil for eight-year-old son Daniel Enrique Laso, who was among five fatal victims in Friday’s (28 April) massacre.

“My heart is with this eight-year-old little boy, I don’t care if he was here legally, I don’t care if he was here illegally, he was in my county,” Sheriff Capers said. “Five people died in my county. And that’s where my heart is, in my county protecting my people to the best of my ability.”

The other victims have been identified as Daniel’s mother Sonia Argentina Guzman, 25, Diana Velazquez Alvarado, 21, Julisa Molina Rivera, 31, and Josué Jonatán Cáceres, 18, according to 12 News.

CORRECTION Texas Mass Shooting
CORRECTION Texas Mass Shooting

Star Trek actor blasts Abbott for ‘illegal immigrants’ comment

Monday 1 May 2023 11:40 , Rachel Sharp

Star Trek actor George Takei was among those to slam Governor Greg Abbott over his comment.

“This is despicable. I would have thought bringing up the immigration status of the innocent victims of this senseless violence would be beneath even you. But I was wrong,” he tweeted.

On Sunday, Mr Abbott finally broke his silence over the shooting to label the victims “illegal immigrants”.

“Announcing a $50K reward for a @TxDPS top 10 fugitive who is in the country illegally and killed five illegal immigrants Friday night. I also directed #OperationLoneStar to be on the lookout for the criminal and any attempts to flee the country,” he said in a statement.

The statement sparked an instant backlash with social media users.

Man whose wife died in shooting speaks out

Monday 1 May 2023 11:20 , Rachel Sharp

Wilson Garcia hadn’t even asked his neighbor to stop shooting his gun.

People in their rural town north of Houston are used to people firing their weapons to blow off steam, but it was late Friday night, and Garcia had a month-old son who was crying.

So, Garcia said, he and two other people went to his neighbor’s house to “respectfully” ask that he shoot farther away from their home.

“He told us he was on his property, and he could do what he wanted,” Garcia said Sunday after a vigil in Cleveland, Texas, for his 9-year-old son who was killed in the attack that soon followed.

Read the full story here:

Man who lost wife, son in Texas mass shooting tells story

AR-15 rifle recovered from crime scene, police say

Monday 1 May 2023 11:00 , Andrea Blanco

Police recovered the AR-15-style rifle that Oropesa allegedly used in the shootings but authorities were not sure if he was carrying another weapon, the sheriff said. There were other weapons in the suspect’s home, he said.

“He could be anywhere now,” San Jacinto County Sheriff Greg Capers said Saturday night.

The attack happened near the town of Cleveland, north of Houston, on a street where some residents say neighbours often unwind by firing off guns.

It was a much quieter scene Sunday. Police crime scene tape had been removed from around the victims’ home, where four bullet holes could be seen in the front door.

Governor Greg Abbott slammed for ‘illegal immigrants’ comment

Monday 1 May 2023 10:41 , Rachel Sharp

Texas Governor Greg Abbott has been slammed for his response to the mass shooting that left five people – including an eight-year-old child – dead in his state.

The Republican governor failed to address the mass shooting for almost two days.

Then, on Sunday, he finally broke his silence – in a statement where he announced his office was contributing a $50,000 reward to catch the suspect and where also labelled the victims “illegal immigrants”.

“Announcing a $50K reward for a @TxDPS top 10 fugitive who is in the country illegally and killed five illegal immigrants Friday night. I also directed #OperationLoneStar to be on the lookout for the criminal and any attempts to flee the country,” he said in a statement.

The statement sparked an instant backlash with social media users quickly correcting him with the words “people”.

Biden hails Tennessee lawmakers attacked by GOP over gun control push: ‘You’re standing up for our kids’

Monday 1 May 2023 10:00 , Andrea Blanco

President Joe Biden last week welcomed the “Tennessee Three” – the trio of state lawmakers who were targeted by GOP leadership after leading gun control protests in the state capital – to the White House, and hailed them for ”standing up for our kids” during a meeting in the Oval Office.

Mr Biden also condemned state Republicans in Tennessee while speaking with state legislators Justin Pearson, Justin Jones, and Gloria Johnson. Mr Pearson and Mr Jones – who are both Black men – were briefly expelled from their legislative seats by the GOP supermajority that controls the Tennessee House of Representatives, while Ms Johnson, a white woman, was spared by one vote.

A month after the shooting in Nashville, five people were killed in Cleveland, Ohio.

The Independent’s John Bowden reports:

Biden hails Tennessee lawmakers attacked by GOP over gun control push

How many mass shootings have there been in 2023?

Monday 1 May 2023 09:00 , Andrea Blanco

Among high-income countries around the world, the United States has for years stood out for one reason: its rate of gun violence.

Over the last decade, among relatively wealthy countries with populations of 10m or more, the rate of gun violence in the US has far surpassed that of any other nation. According to the Institute for Health Metrics and Evaluation, the adjusted firearm homicide rate in the US is 22 times that of the European Union and more than that of Asian countries like Japan and the Republic of Korea.

This year is on track to be no different. According to data from the Gun Violence Archive, there have as of mid-April already been 149 mass shootings in the US — with gun violence claiming lives in every state in the country.

How many mass shootings have there been in 2023?

Four months into the year, America has seen over 160 mass shootings. When will it stop?

Monday 1 May 2023 08:00 , Andrea Blanco

“We don’t have to live this way; we don’t have to die this way,” the Twitter profile for Everytown for Gun Safety tweeted on Saturday, following the senseless massacre in Cleveland, Texas.

Search widens for suspect as zero leads after shooting

Monday 1 May 2023 07:49 , Shweta Sharma

A widening manhunt for a Texas gunman who fatally shot five neighbours continued coming up empty Sunday as officers knocked on doors, the FBI appeared no closer to catching the killer after nearly two days of searching with a team that has grown to hundreds of people.

“I can tell you right now, we have zero leads,” James Smith, the FBI special agent in charge, told reporters while again asking the public for tips in the rural town of Cleveland, where the shooting took place just before midnight Friday.

The search for the gunman near Houston has grown in scale: Authorities said that by yesterday evening more than 200 police from multiple jurisdictions were searching for Francisco Oropesa, many of them going door to door in hopes of any clues that would lead to the 38-year-old suspect.

Local officials and the FBI also chipped in reward money, bringing the total to $80,000 for any information about Mr Oropesa’s whereabouts.

San Jacinto County Sheriff Greg Capers said authorities had widened the search area beyond the scene of the shooting, which occurred after the suspect’s neighbours asked him to stop firing off rounds in his yard late at night because a baby was trying to sleep.