A man indicted on a capital murder charge in the February 2020 shooting death of a man inside what police described as a trap house was re-indicted Thursday on a lesser charge in Waco, Texas.
A McLennan County grand jury indicted 24-year-old Kevin Darnell Wash on murder and aggravated robbery charges in the death of 20-year-old Joangel Ortegon at a home in the 1900 block of Trice Avenue, according to KWTX.
Wash initially was indicted on a capital murder charge in May 2020, which alleged he committed murder during the course of an aggravated robbery. The District Attorney’s Office said it did not intend to seek the death penalty in that case, meaning Wash would have faced life without parole if convicted of capital murder.
He still faces up to life in prison on the murder charge, however, he will be eligible for parole if convicted. The second count of the superseding indictment charges him with aggravated robbery.
One of Wash’s attorneys, Jessi Freud, said her client did not kill anyone.
“Well at least after two years, the state finally realized there was no factual or legal support for Kevin committing capital murder,” Freud said of the new indictment. “We look forward to continuing to correct the record about the events in question, as Kevin did not murder anyone.”
According to an arrest affidavit, Wash was among three people shot during the alleged robbery at the home.
“Affiant knows through his investigation that this incident started as an aggravated robbery,” the affidavit states. “Affiant learned that this residence is known as a ‘trap house,’ a residence where the sole purpose is the sale of narcotics.”
Witnesses and victims told police Ortegon and another man were playing video games when Wash and a second suspect came into the home, the affidavit states. One of the suspects pulled a gun and said, “You’re not going to like this.”
Ortegon was shot and killed and the other man was shot in the “lower extremities,” according to the affidavit. The injured man then pulled a gun and shot Wash, the affidavit states.
Police reported finding multiple spent casings, drugs and guns inside the home. Wash told officers he went to the home to commit a robbery, according to the affidavit. Wash reportedly described entering the home, shooting at the victims and leaving with a gunshot wound.
Wash remains in the McLennan County Jail under $1 million bond.
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