The officer remains on paid administrative leave as the investigation continues.
The Tyler Morning Telegraph asked a variety of questions Wednesday about the Tuesday morning shooting, but was told no additional information would be given at this time.
The newspaper asked if the officers’ body mics were active during the incident, if officers gave commands in both English and Spanish, how many times they spoke the orders, how many shots were fired by the officer and how many times the man was hit by gunfire.
“The case is under investigation, and we are not going to jeopardize anything that may go to the grand jury,” Chief Gary Swindle said Wednesday.
About 12:09 a.m. Tuesday, police officers, including Officer Matt Riggle, responded to a call regarding numerous gunshots in the 600 block of East Queen Street.
Don Martin, Tyler police spokesman, said once officers arrived, they saw a muzzle flash coming from the back of a home.
“Officers located gunshots coming from the rear of the residence at 603 E. Queen St. As officers approached the residence from the west side, they could see muzzle flash and shots coming from the back of the residence,” he said.
“The (man) failed to comply with the officers’ instructions and re-entered the residence through the back door. Officer Matt Riggle moved to the back door and continued to give this suspect commands to drop the weapon,” he said.
Martin said the man Fuentes pointed the handgun at Riggle, and Riggle fired his patrol rifle (AR-15) several times, striking Fuentes.
A revolver was located on the floor next to Fuentes.
Martin said Fuentes and his family may have been firing the weapon as part of a New Year’s celebration, but added it was illegal to fire a weapon in the city.
Smith County District Attorney Matt Bingham said he would not talk about the case until he had the entire case presented to him. He also said that he was not sure if the case would be presented to a grand jury.
When asked if officer-involved shootings resulting in death typically are presented to a grand jury, Bingham replied, “not always.”
Martin did say that between midnight Monday and midnight Wednesday his agency responded to 39 suspicious noise calls and those included gun shots and firework calls.