BCSO admits to search warrant clerical error in West Side standoff where deputy was shot, suspect was killed

Attorney for suspect Robert Inosencio calls situation “pure negligence” by deputies

SAN ANTONIO – A search warrant for the property where a Bexar County Sheriff’s deputy was shot and a suspect was killed last week included the information for the wrong person, BCSO officials admitted Monday.

Deputy Miguel Gonzalez, a 29-year veteran of BCSO, was hospitalized in stable condition after the shooting incident Tuesday afternoon in the 200 block of Demya Drive, just west of Loop 410. Suspect Robert Inosencio, 18, was found dead in a shed on the property hours later, following a standoff.

Warrant paperwork later provided to Inosencio’s family at the scene in order to search the premises, however, contained the name of a road rage shooting suspect charged by BCSO last fall.

That suspect, Edwin Rene Albino, is accused of shooting a vehicle five times while driving on the access road to Highway 90 in late November, but does not appear to be associated with the property where Inosencio died.

BCSO officials on Monday said an investigator associated with the deputy shooting case mistakenly wrote Albino’s name on the front page of a warrant to search the home, after the incident.

An agency spokesman said the clerical error does not negate the validity of the search or the validity of deputies first descending on the home in an effort to take Inosencio into custody.

He said the other information contained in the search warrant affidavit was correct, and that it has since been updated to include Inosencio’s mother’s name on it.

The spokesman said body camera footage, which is expected to be released in the coming days, shows Deputy Gonzalez holding arrest warrant paperwork for Inosencio, who BCSO officials previously said was wanted on charges of aggravated robbery and a narcotics offense.

BCSO’s Fugitive Apprehension Unit knocked on the front door of the home on Demya Tuesday afternoon. When there was no answer, the deputies approached a shed-like structure in the back, where Inosencio was supposedly living.

After Gonzalez turned the door knob to the shed and looked inside, he attempted to retreat but was shot once in the back, Sheriff Javier Salazar previously said.

The round entered Gonzalez’s lower back before becoming lodged in the muscles near his shoulder, a BCSO spokesman said Monday. Gonzalez was released from the hospital Friday and is expected to make a full recovery from his injuries.

Agency officials have said it appears Inosencio fired a fully automatic weapon.

The Bexar County Medical Examiner’s Office confirmed Monday Inosencio died of a gun shot wound to the head, but said his manner of death is still pending, and it remains unclear whether he was shot by a deputy or took his own life.

Albino was formally indicted for the road rage shooting Thursday, Bexar County court records show.

Inosencio’s criminal defense attorney, Richard Langlois, said via telephone Monday the error was “pure negligence” by BCSO deputies and an incident where “law enforcement was not paying attention.”

A BCSO spokeswoman released the following statement Monday afternoon:

On April 4, 2022, deputies from the Fugitive Apprehension Unit were executing two felony arrest warrants for Robert Inosencio. During the execution of these two felony warrants, Deputy Miguel Gonzales was shot by Robert Inosencio. As a result of the shooting, investigators requested a search warrant for the residence of 206 Demya to recover evidence related to the shooting. Upon further review of the search warrant, an administrative error was discovered on a page for the search warrant referencing an incorrect individual not related to the investigation. However, the administrative error does not negate the legal validity of the actual search warrant executed at 206 Demya. Additionally, this issue has been brought to the attention of the Bexar County District Attorney’s Office and the investigation for this case remains ongoing.

WATCH: Suspect’s family questions BCSO’s search warrant error

Inocensio’s family said this was a deadly error on BCSO’s part.

KSAT sat down with Amanda Inocensio and Issac Martinez, Robert’s mom and uncle. In a tearful interview, Martinez said “[We] want justice for him because I don’t think they’re here for the right person. I just think they messed up a lot.”

Amanda Inocensio added, “It doesn’t make sense and their clerical -- that just just doesn’t make sense to me.”

KSAT is awaiting further details about the original felony warrants being served by deputies.

The family shared they haven’t thought about a lawsuit or further action. They say they are just grieving for the loss of a loved one.

Robert Inocensio will be laid to rest later this week.

“They destroyed me. He was my baby,” Amanda said.

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About the Authors

Emmy-award winning reporter Dillon Collier joined KSAT Investigates in September 2016. Dillon's investigative stories air weeknights on the Nightbeat and on the Six O'Clock News. Dillon is a two-time Houston Press Club Journalist of the Year and a Texas Associated Press Broadcasters Reporter of the Year.

Leigh Waldman is an investigative reporter at KSAT 12. She joined the station in 2021. Leigh comes to San Antonio from the Midwest after spending time at a station in Omaha, NE. After two winters there, she knew it was time to come home to Texas. When Leigh is not at work, she enjoys eating, playing with her dogs and spending time with family.

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