CORPUS CHRISTI, Texas — Leandro Leon is considered the second gunman in a shooting that happened after a party on Masterson Drive in October 2023.
The other gunman was 17-year-old Ricardo Jose Fuentes who was killed by police.
A document from the 214th district court obtained by 3NEWS shows that on Monday, the court considered a motion to quash count four of Leon's indictment. That count is considered a felony murder charge. The other three counts are considered aggravated assault with a deadly weapon.
On Wednesday 3NEWS learned the court has denied that motion, and Leon will continue to face the felony murder charge.
Leon is accused of being involved in the deadly shooting that resulted in the death of 17-year-old Fuentes.
After Fuentes was seen shooting towards a vehicle on Masterson Drive, a CCPD officer shot and killed Fuentes.
CCPD later revealed Leon as the second gunman in the incident and booked him on those three counts of aggravated assault. The fourth charge of felony murder was later added.
In court on Monday, Leon's attorney, Nathan Burkett, pushed to have that murder charge dropped, citing the unusual circumstances of the case.
"In this case, we have the two added complications that have never taken that up in a law of party's case," Burkett told Judge Inna Klein. "They've never taken it up where the actual alleged victim in the murder is the party to the illegal contact and that the actual act that causes the death is a separate act by somebody else who is not charged as a party."
"So you're saying it's a case of first impression," asked Klein.
"Yes, your honor," Burkett said. "That's why I'm here arguing this motion."
The 214th district court judge declined to make a decision during that Monday hearing and instead chose to look over court cases presented by both the defense and the state. She made her final ruling on the motion Wednesday afternoon, meaning Leon will still be charged with felony murder.
More from 3News on KIIITV.com:
- Teen murder suspect from Monitor St. shooting turns self in
- Hundreds of stash houses discovered since 'Operation Lone Star' began in 2021
- Rodeo Corpus Christi concert lineup looks like Nothin' But A Good Time
- Experts weigh in on warning signs to look out for when it comes to online predators
- US Marshals arrest man who fled scene at reported Thursday night burglary
- Former Coastal Bend priest ordered to pay victim $4 million as civil suit wraps Friday
- Boat washes up south of Bob Hall Pier, after investigation, gets new home
- Families, Medical Examiner's office enter mediation for botch autopsies accusations
Subscribe to our YouTube channel for your daily news and exclusive extended interviews.
Do you have a news tip? Tell 3!
Email tell3@kiiitv.com so we can get in touch with you about your story should we have questions or need more information. We realize some stories are sensitive in nature. Let us know if you'd like to remain anonymous.