A probable cause affidavit indicates surveillance footage assisted Hidalgo County Sheriff’s Office investigators in determining a murder charge against a 41-year-old woman, who reported that she shot a man during a burglary.
Sheriff’s deputies initially encountered Emma Linda Gracia on Jan. 18 at 7:34 a.m. at 1318 E. 25th St. in rural Weslaco after responding to a call of burglary of a habitation.
Gracia told the deputies that she shot 24-year-old Eduardo Mendoza with a .22 caliber rifle after he arrived at the home with 50-year-old Gerardo Gonzalez and began arguing with Gracia’s boyfriend, Michael Luna, according to a probable cause affidavit.
“Sheriff Investigators met with Michael Luna who said that he was at home with his wife Emma Gracia. Two men he knows as Eduardo and Gerardo arrived at his home,” the charging document stated. “He has been having problems with Eduardo because he suspects him of stealing from him. He told him to leave and an argument occurred.”
During that argument, Gracia went outside and shot Mendoza in the stomach, investigators say in the affidavit.
“Eduardo and Gerardo left in their vehicle,” the document stated.
Gracia called 9-1-1 for help and deputies learned later that Mendoza went to Knapp Medical Center where he died from the gunshot wound.
A witness statement also helped investigators unravel the crime scene, learning that the witness saw Mendoza arguing with Luna outside Gracia’s home.
“She did not see Eduardo with anything in his hands,” the document stated.
Gracia also admitted to shooting Mendoza, according to investigators.
The probable cause affidavit states that Gracia was charged with murder after they reviewed preliminary reports, physical evidence, surveillance footage and witness statements.
During a news conference after her arraignment on Jan. 19, Sheriff J.E. “Eddie” Guerra said Gracia had a history of shooting at people at her residence.
Guerra also told reporters that there were no signs of a burglary and that Mendoza stood in the middle of a street with his hands up before being shot.
Gracia remains jailed on a $1 million bond.