HOUSTON – A 60-year-old illegal alien from Mexico living in New Caney who is accused of firing an AR-style rifle at multiple individuals over the holiday weekend is now facing federal charges of being an illegal alien in possession of a firearm, announced Acting U.S. Attorney John G.E. Marck.
Juan Ayala-Montero is currently in custody on a related charge and is expected to make his appearance in federal court in the near future.
The investigation began following an active shooter incident May 23, according to the federal criminal complaint.
Ayala-Montero had allegedly been making threats after an argument ensued with a group of individuals. The charges allege Ayala-Montero walked to his house and returned with a rifle. He initially began shooting at the ground but then directed it at a group of individuals and began firing multiple times, according to the allegations.
One victim allegedly suffered gunshot wounds to his torso and head.
Upon their arrival, authorities heard gunshots coming from the residence and began rescuing individuals, according to the complaint. Additional law enforcement arrived on scene, and thereafter, took Ayala-Montero into custody.
Authorities allegedly recovered an Olympic Arms .223 AR-style rifle with a scope in Ayala-Montero’s bedroom as well as approximately 30 spent .223 casings at the scene.
The charges allege Ayala-Montero is not lawfully present in the United States and had been removed in 2006 with no legal authority to reenter the country. As such, he is prohibited from possessing a firearm or ammunition per federal law.
If convicted, Ayala-Montero faces up to 15 years in federal prison and a possible $250,000 maximum fine.
Montgomery County Sheriff’s Office conducted the investigation with assistance of FBI and Immigration and Customs Enforcement – Enforcement and Removal Operations. Assistant U.S. Attorney Anh-Khoa Tran is prosecuting the case.
This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations, and protect our communities from the perpetrators of violent crime.
A criminal complaint is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.