Re-indicted in connection with Kirby Lake area murder, man may undergo psychiatric evaluation

Matthew Christopher Marquez, 39, of Abilene, was re-indicted this week on charges of first-degree murder and two counts of aggravated assault.

He was originally indicted on April 7, 2022, but was re-indicted Thursday.

The re-indictment occurred to ensure the best charges are presented, according to Taylor County Assistant District Attorney Erin Stamey.

The charges stem from an incident on Jan. 19, 2022, when Marquez allegedly shot Samuel Shawn Berry in the head, and injured two others, according to allegations in court documents.

Marquez was being held Friday at the Taylor County Jail on $250,000 in bonds for the three charges against him, according to online jail records.

His defense attorney has since filed a motion for a psychiatric evaluation to determine if he is competent to stand trial.

Anyone charged with a crime is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.

'Died of a gunshot wound'

The Abilene Police Department responded to a call of an injured subject in the 200 block of Miss Ellie Lane just after midnight Jan. 20, 2022, according to allegations in court documents. The officers found Lacey Berry "with a gunshot wound to her left side, rib cage area."

Responding officers also found Samuel Shawn Berry, deceased and "covered in blood, and appeared to have suffered a gunshot wound," according to allegations. Justin Williamson, another resident of the home, had "suffered a knife wound to the shoulder."

Responding officers subsequently detained Marquez.

Lacey Berry gave a statement that she and her husband, Marquez, were staying at the house with her brother, Samuel Berry, her niece, and her niece's boyfriend, Justin Williamson.

An argument occurred during the stay, and Marquez "pulled out a knife and stabbed Justin Williamson in the shoulder," according to allegations.

Lacey Berry told police she took Williamson's pistol as "she did not want anyone hurt," according to allegations. Marquez then allegedly took the gun from Berry, saying to him, "I'm going to kill you."

Samuel Berry began "begging for his life," and Marquez began to laugh, according to allegations. Marquez then allegedly shot Samuel Berry.

Marquez proceeded to shoot his wife, Lacey Berry, as she ran toward her brother Samuel Berry, according to allegations. Marquez then allegedly shot Samuel Berry a second time.

Williamson corroborated Lacey Berry's story and said he saw Marquez shoot Samuel Berry.

Both Lacey Berry and Williamson suffered serious bodily injury, but both survived.

The autopsy report showed that Berry "died as a result of a gunshot wound to the face."

What's next?

Marquez's defense attorney, James Graham, filed an order for continuance and an order for psychiatric evaluation on Wednesday. So Marquez's original jury trial date of May 13 will likely not proceed as the court awaits the results of his psychiatric examination.

If Marquez is deemed competent to stand trial, the trial will likely occur under presiding 42nd District Judge James Eidson.

According to Stamey, Marquez is facing five to 99 years or life in prison for the murder charge. He is also facing five to 99 years or life in prison for the first-degree aggravated assault charge and two to 20 years in prison for the second degree aggravated assault charge.

The original arrest Abilene police investigating overnight homicide in Kirby Lake area that injured two others

Homicide indictment Suspect in Abilene's first 2022 homicide indicted for murder, aggravated assault

This article originally appeared on Abilene Reporter-News: Re-indicted in connection with Kirby Lake area murder, man may undergo psychiatric evaluation