Gillette, WY – A 43-year-old Wyoming man, Javier Abeyta, is facing charges after allegedly shooting and killing a woman, Marissa Allen, who was left brain dead following the shooting in a Gillette garage on the evening of October 9. Abeyta reportedly shot Allen in the head after she attempted to take a pistol away from him during a tense confrontation.
The Incident: Domestic Altercation Turns Deadly
According to an arrest affidavit obtained by Cowboy State Daily, Abeyta had been “spiraling” throughout the day before the tragic incident occurred. Abeyta was reportedly smoking methamphetamine while spending time with Allen and several other people in a garage at a residence on the 1300 block of O’Henry Drive.
The altercation began when Abeyta started acting erratically, allegedly pointing a Hi-Point semiautomatic 9 mm pistol at Allen’s boyfriend. In response, Allen tried to intervene and take the gun away from Abeyta. This led to a violent escalation when Abeyta opened fire on Allen, shooting her in the head.
“I shot her,” Abeyta allegedly told a witness who ran outside after hearing the gunfire.
“I killed her,” he reportedly said. “Get out of my way or I will shoot you too.”
The incident left Allen in critical condition, and she was airlifted to a medical center in Colorado, where she was declared brain dead shortly after the shooting.
Investigation and Evidence
Police investigators revealed that Abeyta’s behavior leading up to the shooting was increasingly paranoid. His sister had reportedly taken him to a hospital earlier that day because she feared he was dehydrated from drinking alcohol. Witnesses at the scene claimed that Abeyta believed the group was trying to kill him, which led to his erratic behavior.
Surveillance video from a nearby residence captured Abeyta yelling at neighborhood children riding bikes outside the garage. The recording shows a parent telling the children to go inside just as the gunfire erupted.
“He had a blank stare on his face,” said Allen’s boyfriend, who witnessed the scene unfold. He described Abeyta’s expression before he tried to shoot him in the back of the head. The gun misfired, and Abeyta then targeted Allen instead.
Police later recovered a bullet lodged in the drywall of the garage and a 9 mm semi-automatic handgun linked to Abeyta.
Court Proceedings and Charges
Abeyta was initially charged with attempted second-degree murder and aggravated assault. He was being held on a $1 million bond at the time of his pretrial hearing. However, local prosecutors have indicated that the charges may be upgraded to first-degree murder, depending on the outcome of Allen’s condition.
“This will probably get upgraded to an actual murder,” said a Campbell County prosecutor during Abeyta’s bond hearing.
Abeyta has a lengthy criminal record, including multiple prior arrests for various offenses. The violent nature of this attack and his history of criminal behavior have raised concerns within the community about his potential for future violence.
Reactions and Statements from Witnesses
Witnesses who were present at the scene described Abeyta as acting paranoid and irrational throughout the day. His behavior had reportedly caused tension among the group, as many were concerned about his state of mind. The witness who spoke to police also noted that Abeyta showed no remorse after the shooting, only expressing concern for his own safety.
The shooting has deeply impacted Allen’s family and the local community, with many expressing grief over the tragedy. Allen’s family has yet to comment publicly, though her mother, Antavia Kennibrew, is seeking justice for her daughter’s death.
Background and Legal Context
This case highlights the dangers of substance abuse and untreated mental health issues, which appear to have played a role in Abeyta’s actions. Experts note that methamphetamine use can cause violent behavior, paranoia, and aggressive actions, all of which seem to have contributed to the tragic events of October 9.
While Abeyta has yet to face trial, the charges against him carry severe penalties, especially if the charges are upgraded to murder. Wyoming law mandates life imprisonment for a conviction of first-degree murder, with no possibility of parole for certain offenses.
Ongoing Developments and What Comes Next
As Abeyta remains in custody, authorities are continuing their investigation into the events surrounding the shooting. There are also ongoing efforts to support Marissa Allen’s family as they cope with the loss of their loved one. Allen’s case has drawn attention to the intersection of substance abuse, violence, and mental health and how these issues can tragically manifest in violent crimes.
Abeyta’s trial is expected to move forward once Allen’s status is finalized, and prosecutors are preparing to build their case against him for first-degree murder.
Conclusion
The senseless shooting of Marissa Allen has left the Gillette community devastated and raised serious questions about mental health care and substance abuse. As the trial nears, the hope is that justice will be served for Allen, and her family can begin the process of healing.
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