The man who was seen walking around with a rifle in far east El Paso about two weeks ago was arrested and charged with disorderly conduct.
The man identified as 28-year-old Mario Fernando Diaz was seen by several people walking with a rifle on Nov. 10.
Diaz was seen walking in several El Paso neighborhoods and near the El Paso County Jail Annex carrying a weapon in an alarming manner, according to deputies.
Sheriff officials said he was wearing ear protection and a vest.
As a result, numerous calls were made to 911, schools in the immediate area were “locked down” and sheriff deputies were heading to the Jail Annex and said they were unable to determine Diaz's intentions.
On November 15 on a criminal warrant obtained by the El Paso County Sheriff’s Office, Diaz was arrested for disorderly conduct and booked into the El Paso County Jail.
He has since posted the $2,000 bond and been released.
El Paso Police Department officials said on the day of the incident that the man wasn't doing anything illegal.
Officials with the El Paso County Sheriff’s Office said they understand the “open carry” state but want to remind citizens that they may not display a firearm or other deadly weapon in a public place in a manner calculated to alarm. (Texas Penal Code 42.01 (a) (8)).
This type of action is a crime in Texas and there is case law as current as 2019 from the Texas Court of Criminal Appeals (Texas v Ross) that outlines these distinctions.
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