CORPUS CHRISTI, Texas — Leandro Leon was back in court today with a motion to quash his first-degree murder indictment.
Attorneys for the 18-year-old argue the first-degree felony murder charge against him is not warranted. The charge comes in connection to the October shooting on Masterson Drive where a CCPD officer shot and killed 17-year-old RJ Fuentes.
The court of criminal appeals has argued the issue for decades.
"The court of criminal appeals has taken up this very issue over the last 45 years...going back to 1978," said attorney Geordie Schimmel. "So, the question that they've wrestled with over those number of years is where does aggravated assault stop and where does felony murder begin?"
The state contends that the actions of Leon caused the officer to return fire, leading to Fuentes' death.
Leon faces three counts of aggravated assault with a deadly weapon.
Judge Inna Klein has until 5 p.m. Wednesday to make her decision on the motion to quash.
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