Suspect pleads not guilty following gunfire incident

Published 10:29 am Friday, February 19, 2016

A man charged after a dispute over a woman sparked an altercation and led to someone firing gunshots into the air early Feb. 3 in Austin pleaded not guilty Thursday.

Phabayo Nygare Gilo, 18, was charged with one count of being a violent felon in possession of a firearm, one count of fifth-degree drug possession, one count of reckless discharge of firearm within a municipality, all felonies, and one charge of giving a false name to an officer, a gross misdemeanor. He pleaded not guilty to all four charges.

Phabayo Nygare Gilo

Phabayo Nygare Gilo

Officers responded to the 800 block of 11th Street Northeast shortly after 12 a.m. Feb. 3 when a woman called for police, according to the court complaint. Dispatch updated officers while they were on their way that a firearm was involved and that the suspects left in a 2011 Honda Accord headed toward the 11th Drive Northeast ramp to Interstate 90.

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Officers arrived on scene and met with a woman and man who said a vehicle showed up on the south side of her home and someone knocked on the back door. When the man answered the door he was pulled out of the house by a male suspect, later identified as Semaj Maurice Dow Jr., who said, “Why you with my girl?” Then Dow allegedly punched the male victim, according to the woman.

She reported the altercation involved two other male suspects, and when she called the police for help the suspects fled in a small maroon, four-door car with five people inside.

As the car was driving away, the parties reportedly exchanged words.

As the car neared 12th Street Northeast, the female victim heard gun shots and saw a muzzle flash which she described as “sparks,” though she said the gun was fired into the air and not at a residence, according to the complaint.

Officers found the man who’d been punched who declined medical attention and refused to have his injuries photographed, and officers later found he had an aggravated robbery warrant from Illinois and arrested him.

Officers located more evidence at the residence.

Officers located the suspect vehicle occupied by Dow, who was bleeding from the head. Officers saw the Honda Accord traveling south on 14th Street Northwest, turn west on Sixth Avenue Northwest, and pull over in the 1900 block of Sixth Avenue Northwest.

Officers stopped behind the Honda and illuminated it with a spotlight. All suspects were taken into custody. Gilo was also in the vehicle, along with two other adult men and one juvenile woman. Gilo and Dow both gave officers false names.

Officers cleared the Honda and found a handgun under the car. The .22-caliber revolver was directly under the rear passenger side door, and had six empty shell casings with no live rounds. Officers also found a recently discarded dark glove on a snow pile near the area.

Upon reviewing the squad video surveillance, officers Gilo exit the passenger side rear door of the Honda and officers saw he had a dark glove on his right hand for a short time, before putting both hands behind his back and throwing the glove in the snow, then getting to the ground. The three other people then exited and got to the ground.

Gilo reportedly had a pill bottle in his pocket containing 10 pills identified as amphetamine.

Gilo’s criminal history reflected a juvenile delinquency adjudication for second degree burglary on April 14, 2014. Gilo’s next scheduled court appearance is May 20. Dow has been cited, but his first court appearance is scheduled for March 7.