Carlos Hernandez's mother, Ashley Rostro, told police on the scene that the gun allegedly used by Rivera had been stolen from her just three days prior when he allegedly broke into her home and threatened her life, according to the criminal complaint.
A 12-year-old boy in Texas lost his life after rushing to protect his sisters and mother when he heard gunshots, according to police.
Carlos Fernandez was asleep when 27-year-old Terry Bryan Rivera allegedly broke into his family's apartment and opened fire in the early morning hours of March 4, Harris County Sheriff Ed Gonzalez said at a news conference last week.
"Rivera was in a previous dating relationship with the victim’s mother and had two children with her," said Gonzalez.
The boy immediately ran to find the source of the commotion and was fatally struck by four bullets to his torso and right arm, according to a criminal complaint obtained by Inside Edition Digital.
Carlos' mother, Ashley Rostro, told police on the scene that the gun allegedly used by Rivera had been stolen from her just three days prior when he allegedly broke into her apartment and threatened her life, according to the complaint.
Rostro contacted police after that incident and sought a restraining order, but no charges had been filed and her restraining order was not granted at the time of the shooting, Deputy Thomas Gilliland of the HCSO said during the news conference last week.
In her interview with police after the shooting, Rostro also claimed that Rivera called her from a blocked number and admitted he had just been inside the apartment, according to the complaint.
Rivera managed to evade arrest for a week before bing apprehended while trying to cross the border into Mexico on Monday.
He is charged with capital murder but has yet to appear in court or enter a plea. A lawyer assigned to his case did not respond to a request for comment.
Rivera has a long history of arrests for drug possession, assault, aggravated assault with a deadly weapon, and making terroristic threats, according to court records.
He is now facing the possibility of life behind bars or the death penalty if convicted of capital murder.
At last week's news conference, Gonzalez spoke about the bravery of the young boy whose life Rivera allegedly ended.
"I want to just mention just what a heroic act he did," Gonzalez said of Carlos. "When he heard the commotion, he could have just hidden. He could have ran to his mom or done something else. He ran to the danger. He ran to go check on his sisters, six and seven years old, to protect them. And in some ways, he did, because that bullet could have easily injured one of them."
Carlos' uncle also spoke at last week's news conference.
"Losing my nephew, that was probably the hardest thing we've ever had to deal with just because he was the life of the family," said Delfino Gonzales. "Always positive. never seen him mad. He was a protector. He always protected everyone whether it was his cousins, whether is was his sisters, his mom, he always protected everybody. And for this tragic event to happen, it's just ridiculous."
Gonzales later added: "You know, what we lost is something that’s never going to be replaced."
