By Antonio Planas —
NBC News
A Texas maintenance worker was checking for frozen or burst pipes at an apartment complex on Christmas Eve when he was fatally shot by a resident who mistook him for a burglar, police said.
Cesar Montelongo Sr., 53, was on a balcony when he was seriously wounded by a man who fired from a window, Grand Prairie police said in a statement released Monday.
The shooting occurred around 6:00 pm (local time) on Saturday at an apartment complex located at 2900 Alouette Drive.
Montelongo was pronounced dead at a hospital, police said.
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“Detectives determined that the victim was examining multiple balconies for frozen and broken water lines after multiple pipes ruptured,” police said.
“The resident, who believed his apartment was being burglarized, grabbed a firearm and shot the victim through a window,” he added.
“The resident remained at the scene and is cooperating with detectives.
At the moment, no arrest has been made, ”he added.
Cesar Montelongo (center) with his family, before he was fatally shot on Christmas Eve.GoFundMe via NBC News
Cesar Montelongo Jr., 28, of Arlington, testified Wednesday that his father was the maintenance manager at the Clayton Pointe complex in Grand Prairie, a Dallas suburb, where he was fatally shot.
"It turned out that it wasn't just one bullet that was fired, but four," he
said.
“I wasn't doing anything malicious.
He didn't even try to open the balcony door.
He wasn't trying to get into the apartment.
My father worked there for 16 years.
All the residents knew him, and he also knew all the residents,” he added.
The Tarrant County Medical Examiner's Office said Montelongo died of a gunshot wound to the chest and ruled his death a homicide.
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NBC Dallas-Fort Worth reported that defense attorney Russell Wilson, a former prosecutor not associated with the case, said the Castillo Doctrine, a law that allows property owners to defend their property, in this case against suspected theft, could apply in shooting.
Wilson said the property could extend to the balcony.
The biggest question, however, is whether the resident was notified that maintenance work would be taking place on their property, Wilson said, adding that the response "would play a very important role."
No one from Clayton Pointe could be reached for comment Wednesday.
Montelongo Jr. said his father was on call on Christmas Eve, the eve of his 29th wedding anniversary.
Montelongo Jr. is the eldest of the five children left behind by his father.
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The young man described his father as "disinterested" and said he preferred to live life smiling.
"Wherever he walked, it was a light," he said.
“He always had a smile on his face.
He didn't like to get angry.
He was someone who would never want to hurt anyone."
Montelongo Jr. said his mother has been "devastated," noting,
"(My father) never came home to celebrate his anniversary
. "
Montelongo Jr. also said the shooting could have been “100%” prevented, but he is trying to keep things in perspective.
“We have been praying a lot and trying to find peace between us as a family,” he said.
“Believing in the Lord, we forgive the person who did it.
As for what's to come, that's for a grand jury and the good Lord himself to determine."
