Texas man allegedly shot and killed a man who scammed him of $40 in parking fees. Then he resumed his date

Originally Published: 29 APR 23 08:48 ET

By Andy Rose and Aya Elamroussi, CNN

(CNN) -- A Texas man who was allegedly scammed of $40 in parking fees while on a date shot and killed the man who posed as the lot's attendant -- and then "nonchalantly" walked away to proceed with his dinner plans, court records show.

Erick Aguirre, 29, appeared in court Thursday for a felony murder charge in the killing of 46-year-old Elliot Nix on a Houston street where witnesses saw the shooting unfold, according to court records.

On the evening of April 11, Aguirre paid Nix $40 after the victim claimed he was the parking attendant and said that it would cost $20 to park Aguirre and his date's cars, according to a Harris County probable cause affidavit.

Before the couple walked into a restaurant, they were informed by a restaurant employee that they had been scammed, the affidavit says. A witness who saw Aguirre's initial interaction with Nix told police he then saw the defendant sprint to his car, grab a gun and run after Nix who was out of his view, according to the court documents.

The witness heard a gunshot and then "observed the suspect nonchalantly walking back to his car with the gun in his hand," according to the affidavit. Another witness who found Nix bleeding in the street called 911.

Aguirre allegedly shot Nix in the torso, and he died later at the hospital from his wounds, according to court records.

After leaving the scene, Aguirre put the gun in his car and walked back to where his date was waiting, then they entered the restaurant, according to the affidavit. The woman on the date later told police she did not see or know about the shooting at that point, the affidavit states.

Following the shooting, Houston Police released a surveillance photo showing Aguirre and his date together, asking for the public's help with identification. The woman in the photo contacted police and voluntarily testified against Aguirre, police said.

When Aguirre came back to her after chasing after Nix, he told her "he just scared the guy and everything was fine," she told investigators.

Before being seated at the restaurant, "Erick started to look uncomfortable and suggested they go eat somewhere else," the woman told police.

Aguirre is currently being held on $200,000 bond. He has not entered a plea and remained behind bars Friday night, Harris County Jail records show.

His attorney, Brent Mayr, declined to comment to CNN.