Deputies from the Graham County Sheriff's Department were dispatched to a residence in the 6100 block of South Lebanon Loop Road for a domestic violence call and were informed en route that shots had been fired.
Witnesses told the deputies that Abeyta had come to the residence of his stepmother and slammed her head into the ground. His stepmother managed to escape and ran from the house, at which point Abeyta fired a .38 caliber revolver in an unknown direction and fled the scene on foot.
The people were ordered out of the house, and they exited willingly. All three were handcuffed and asked where the gun was. Two individuals denied knowledge of the gun's location and the third, Abeyta, said it was hidden under a mattress in the house.
The deputy found the gun was unloaded and asked where the bullets were. Abeyta said "he did not know, but all he did know was that his stepmother had tried to shoot him."
Another individual reported throwing the shells from the gun away. Three empty shells were found in the trash, according to the police report.
A marijuana pipe was found in Abeyta's back pocket during a search subsequent to arrest, and he later tested positive for marijuana and opiates.
He was taken into custody and placed in the back seat of a deputy's car, but managed to roll down the rear window and escape. Abeyta was finally found hiding in the laundry room of a residence on Ann's Ranch Road. He was arrested and taken to the Graham County Jail on charges of aggravated assault, endangerment, threatening or intimidating and possession of drug paraphernalia.
The victim's statement
Abeyta's stepmother said she saw Joe's truck on the side of Hwy. 191 earlier in the night, and she stopped to see if he needed assistance. She said she never saw Abeyta, so she drove away.
She received a phone call later that night from Abeyta asking her why she didn't help him and 15 to 20 minutes later she heard a vehicle pull up at her house.
The victim said Abeyta arrived at her residence and yelled at her while walking to the front door. She retreated, and Abeyta entered the residence and proceeded to the bedroom where a loaded gun was kept.
She said he grabbed the gun and pointed it at her, but she was able to hit the revolver out of his hands.
They both fell to the ground with Abeyta on top, and he reportedly began to repeatedly hit her head into the ground. Two witnesses also reported seeing Abeyta hit his stepmother's head into the ground.
At this time, another individual pushed Abeyta off his stepmother, who was able to scramble to the front door and run outside. Once outside, she reported hearing a gun shot behind her.
The individual who drove Abeyta to the residence drove him away, but while they were driving away Abeyta was "waving the gun around and yelling," according to the police report. The driver reported Abeyta hit the windshield with the gun. He was asked to exit the vehicle, which he did. From there he proceeded to the residence where he was arrested.
The suspect's statement
During questioning at the jail, Abeyta said his stepmother was on drugs and admitted to smoking methamphetamines with her before. He said he ran into her earlier in the night at the house of a friend of his father, but did not talk to her.
He said his mother was upset and "peeled out all over him and his truck," and that he got mad because "this had been going on for 10 years," according to the police report.
Abeyta said he followed her home, but his truck broke down along the way and he got a ride from two people who lived two houses down from the Circle K on Hwy. 191.
He said when he got to the house she had "a loaded .38 special, cocked back," which she pointed at him. He said he knocked the gun out of her hand and told her never to point it at him again. According to the report, Abeyta said his stepmother left the house, and he walked to where the deputies arrested him.
He admitted to firing one shot from the revolver, but said he did "not fire at his stepmom but in the air -- warning her."
He said he removed the remaining bullets from the gun and that he only grabbed it so his stepmother could not use it, according to the police report.
He said when he was placed in the back of the deputy's vehicle he wanted to escape, so he rolled down the window and crawled out.
He later said there were only two live rounds in the gun, which he knew because he attempted to shoot them all.
"He shot one in the air to warn his stepmom, and then before he emptied the chamber he shot and shot and shot but only one went off," the investigating deputy wrote in his report.
Contact Greg Jones at 428-2560 (ext. 234) or e-mail him at gjones@eacourier.com.



Comments
9 comment(s)CJ BELL wrote on Oct 23, 2009 8:36 PM:
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