Man shot after pulling gun on home owner near Weslaco

Hidalgo County Sheriff TMs department says the shooting of a man who barged into his ex-wife TMs apartment was justified.

According to investigators, the shooting happened Monday afternoon at 3523 Cardinal, apartment D in Weslaco.

Investigators say Armando Martinez had arrived at the apartment to drop off his and Samantha Rodriguez 5 month old child.

While at the apartment, deputies say Rodriguez and Martinez argued over the fact that she was staying there with another man, who was identified as Alejandro Amaya.

According to deputies, Martinez left upset and told Rodriguez that he was returning with a gun and that Amaya better be gone by the time he came back.

A few minutes later, deputies say Martinez returned and barged in to the apartment asking for Amaya to come out. Amaya came out of the bedroom also holding a weapon.

Investigators say Amaya felt threatened and fired two shots at Martinez, hitting him in the chest.

Martinez was airlifted to the Valley Baptist Medical Center in Harlingen where he is in critical, but stable condition.

Hidalgo County Sheriff Lupe Trevino said Martinez will be charged with burglary of habitation with intent to commit a felony and aggravated assault with a deadly weapon.

Sheriff Trevino added that Amaya was within his rights to use deadly force.