Ronald Ronnie Palmer Jr., 44, is charged with capital murder for the death of Deputy Fernando Esqueda and two counts of aggravated assault for an incident earlier that night.
Monday during his first court appearance in the 248th District Court, the judge declined to set bond in his capital murder case.
The district attorney's office filed a motion to hold him in jail until trial. That will be decided after a proof-evident hearing in September.
During his court hearing, prosecutors indicated that they are considering the death penalty in the case but will review all of the evidence before making a decision.
Law enforcement and about 30 of Esqueda's family and friends filled the courtroom on Monday.
"Senseless, devastating, heartbreaking," Harris County Sheriff Ed Gonzalez said. "It just breaks my heart to think of the horrific death that Deputy Esqueda had."
Dremone Francis, 26, was also arrested over the weekend in the case and charged with capital murder and tampering with evidence. He is also being held without bond on the capital murder charge.
Francis and Palmer are neighbors on Blue Wonder Lane where the shooting happened.
Francis waived his probable cause court appearance overnight, but his charges were still read.
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Prosecutors say a witness put Francis at the scene of the murder, and that he admitted to it.
According to court records, Francis told investigators that Palmer was telling him about a confrontation he had with employees at a Little Caesar's over his order on Wednesday night.
"Per (Francis), he and (Palmer) noticed a person watching them in a light-colored truck. (Francis) observed (Palmer) fire a single firearm several times into said truck," according to his bail order.
The document does not say that Francis implicated himself as a shooter. He told investigators that Palmer handed him two guns and told him to get rid of them.
"There was evidence gathered at the scene that two guns were utilized in the murder of the officer that indicates all likelihood two shooters," Harris County DA Kim Ogg said.
"(Francis) also admitted that immediately after the murder of Deputy Esqueda, (Palmer) gave him a pistol and a Mini Draco firearm and told him to get rid of them," a prosecutor read in court. "A witness stated (Francis) dropped off a pistol and Mini Draco firearm in a black trash bag, told the witness the guns were hot, and to get rid of them."
Charging documents in both Palmer and Francis' cases read by shooting (Esqueda) with a deadly weapon, namely a firearm, knowing at the time that he was a peace officer.
Officials have not given any indication whether Palmer and Francis knew that the person inside the unmarked truck was a deputy or how.
"In order to make capital murder, they had to have known that this person was a peace officer in law enforcement," legal analyst Steve Shellist said. "If the government can't prove that they knew it was a peace officer, you can't make a capital murder under this set of facts. You'd be left with a murder case, and that determines punishment ranges."
On Wednesday, July 10, officers responded to an aggravated assault call at a Little Caesars Pizza on Wallisville Road. According to police, the suspect, identified as Palmer, became upset with his order and verbally assaulted and pistol-whipped an employee before fleeing.
The employee then described the suspect's vehicle, including the license plate, which deputies tracked to an address on the 13200 block of Italian Cypress Road.
Esqueda, one of several deputies working overtime to patrol streets after Hurricane Beryl, responded to the area and notified team members over the phone once he noticed the suspect's vehicle.
At that point, HCSO said Esqueda was ambushed while speaking with other members and was shot. Officials noted that the deputy was in his undercover vehicle at the time, which was riddled with bullet holes.
The deputy, who had been with the department for five years, was taken to the hospital, where he was pronounced dead.
"We don't know all the facts right now," Cheryl Irvin, Palmer's attorney, said. "We don't know what his role is, if any, but we are going to do our best to defend him because we have taken an oath."
On Monday morning, the body of 28-year-old Esqueda was processed to the funeral home ahead of his memorial service later this week.
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