FAMILY: WHARTON TEEN SHOT BY POLICE WAS UNARMED

More Than 100 People March in Protest of the Killing

WHARTON - The family of the 17-year-old boy shot and killed while law
enforcement officers were serving a search warrant at his home on
Tuesday said Thursday he was unarmed when the incident happened.

"We want to get answers and we want justice," said Lydia Garza, who
is Daniel Castillo Jr.'s aunt "He was asleep when they entered his
room and he was shot in the face when he was just a few feet apart
from the police officer. It is horrible what happened."

Garza, who is also serving as the family's spokesperson, said the
family has contacted the FBI to ask them to look into the shooting in
part because of the lack of information being provided by the Wharton
County district attorney's office or the Wharton Police Department.

"We requested a police report and they said it was still under
investigation so they couldn't give it to us," Garza said. "They
haven't told us anything."

The LULAC has been providing support for the family. District 8
Director Rick Dovalina said the lack of available information is
disturbing to him based on past experiences, which is why the group
requested the FBI become involved.

"I think it is suspicious that it has taken such a long time and the
DA hasn't issued a statement," Dovalina said. "In this case, they are
holding tight. My experience is that when an officer is defending
himself against attack, the DA will be quick to issue a statement. In
this case, the family said he was shot once under the right eye.
Usually, an officer is going to shoot to kill and fire four or five
shots to the chest. That isn't what we are being told."

District Attorney Josh McCown and the Wharton Police Department have
declined to discuss the case other than to say the investigation is
ongoing. On Thursday, McCown did say drugs were found in the home but
would not say what type of drugs or the quantity. He also confirmed
his office had been contacted by the FBI.

The search warrant was signed by Wharton County Justice of the Peace
Precinct 1 Jeanette Krenek and was based on an affidavit prepared by
Tommy Johnson of the Wharton County District Attorney Task Force.

In the affidavit, Johnson wrote a confidential informant had observed
a "David Castillo," identified elsewhere in the document as Danny
Castillo, and another person selling crack cocaine from the home and
packaging crack cocaine for sale.

Johnson said in the affidavit that surveillance of the house showed
people were coming to the home, staying a short time and then
leaving, which he wrote is "common with someone who is selling
narcotics" based on his prior experience.

The police department has released the name of the officer involved
in the shooting. Police Capt. Richard Coleman said the officer Don
Falks has spent all six-years of his law enforcement career with the
Wharton department.

In discussing the family's version of what happened, Garza said the
police forced open the front door of the family's home at 1409 Sunset
on Tuesday morning and then moved into a bedroom that was shared by
the victim and his sister, Ashley Castillo, and her child.

"They heard a noise and Ashley got up and was holding her baby when
they came in the room," Garza said. "The officer trained his gun on
her and she said 'don't shoot my baby.' Danny woke up and was getting
out of bed when the officer turned and shot him and then trained the
gun back on Ashley."

To put additional pressure on the police department and DA's office,
the family organized a candlelight vigil on Wednesday night and a
demonstration march on Thursday afternoon that briefly passed in
front of the police department at 220 S. Fulton St. and the DA's
office on Milam Street.

A rosary was held Thursday night with the funeral scheduled for this
morning at Our Lady of Mount Carmel Church at 506 S. East Ave. The
family has also announced a news conference would be held at noon
today at the church.

"We're having the (Wharton County) Sheriff's Office provide the
escort to the cemetery because right now we want nothing to do with
the police department, Garza said. "We are expecting a lot of people
to attend the funeral. The vigil and march were both peaceful and we
plan to continue to bring attention to this until we get some information."