Saturday, October 4, 2025

Aunt who armed Texas boy, 12, pleads guilty in murder case

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Introduction to the Case

A woman who police say confessed to arming her 12-year-old nephew before he fatally shot a Sonic employee in 2023 pleaded guilty Friday to murder and has been sentenced to 25 years in prison.

Ashley Marmolejo Gomez was in court Friday for a pretrial hearing. A grand jury indicted Marmolejo on a murder charge earlier this year after police said she handed her nephew a weapon and said, "go," directing him to defend his uncle, who was involved in a fight outside the restaurant.

The Plea Deal and Sentencing

Marmolejo agreed to a plea deal in the case and was sentenced to 25 years in state prison. She was charged with murder as a party to the offense, rather than the principal actor and was found guilty based on providing the juvenile with the firearm and instructing them to proceed.

The Deadly Encounter

The deadly encounter began when a customer reported seeing the boy’s uncle, Angel Gomez Ocana, urinating in the drive-in’s parking lot in plain view of customers, according to Keene Police. When Sonic employee Matthew Davis asked Gomez to stop, Gomez reportedly escalated the encounter into a fight. Marmolejo, who was in a vehicle with other children, later claimed she meant for the boy to stop the fight by scaring the Sonic worker.

Reaction from the Victim’s Mother

"She handed him a gun," said Leigh Miller, Davis’s mother. "He got out, he fired. He fired again. He fired again. She never got out." Marmolejo was initially not charged in the fatal shooting. After her alleged confession, she was charged with manslaughter last year. Miller says her pleas went unanswered by the former Johnson County District Attorney, but that changed with the new DA, Tim Good. Good met with Miller in January and promised to take the case back to the grand jury to pursue a murder charge.

Justice and Next Steps

"This is justice that we’ve been waiting for," Miller said. "Of course, with a death like this, you want them to be life in prison, but this is a good sentence for her, and we will continue to fight to keep her locked behind bars even when she comes up for parole." Miller also alleged that Sonic’s negligence contributed to her son’s death. "The fight is not over because Sonic was negligent, and that’s where we’re headed now," Miller said. "Sonic won’t get away with their negligence either." The 12-year-old gunman is currently serving a 12-year term in the Texas Juvenile Justice Division.

Conclusion

The case of Ashley Marmolejo Gomez and the fatal shooting of a Sonic employee is a tragic reminder of the importance of responsible gun ownership and the need for accountability in such situations. The sentencing of Marmolejo to 25 years in prison is a step towards justice, but the case also highlights the need for further action to prevent similar incidents in the future.

FAQs

Q: What was Ashley Marmolejo Gomez charged with?
A: Marmolejo was charged with murder as a party to the offense.
Q: How long was Marmolejo sentenced to prison?
A: Marmolejo was sentenced to 25 years in state prison.
Q: What was the circumstances surrounding the fatal shooting?
A: The fatal shooting occurred after a fight broke out between Marmolejo’s nephew’s uncle and a Sonic employee, and Marmolejo handed her nephew a gun and instructed him to defend his uncle.
Q: What is the current status of the 12-year-old gunman?
A: The 12-year-old gunman is currently serving a 12-year term in the Texas Juvenile Justice Division.
Q: What are the next steps in the case?
A: The victim’s mother, Leigh Miller, plans to pursue a case against Sonic, alleging that their negligence contributed to her son’s death.

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