POLICE: Fake gun used in gas station attack

Stripes on the 3200 Block of International Boulevard

A Brownsville couple is held up at gunpoint and then assaulted, but Brownsville police say it turns out the weapon used in the crime, was fake.

According to investigators the couple were at a Stripes on the 3200 Block of International Boulevard Thursday evening when they were approached by Jose De Leon and Miguel Angel Lira.

The couple told police they were pumping gas, when the men started beating the male.

The female in the car got out and tried to help her male companion, but was also allegedly struck by the men.

They then pulled out what later turned out to be a toy gun and threatened to kill them.

Another person at the gas station was able to wave down an officer passing by, who arrested both suspects.

Despite the fact the suspects used a toy gun, police are charging the duo, as if they had used a real weapon.

It applies simply because the intent was there," said Brownsville Police Department Spokesman J.J. Trevino. "The intent to make the other person believe it was an actual gun. The second is the fact that this guy got beat up, no necessarily with the gun, but by these tw individuals."

Lira and De Leon face two counts of aggravated assault with a deadly weapon.

Investigators do not believe the men knew the suspects, however the case remains under investigation.

The male victim was transported to the hospital as a precaution.

The woman suffered minor injuries.