Charges have been filed against three suspects arrested in an attempted aggravated robbery of an off-duty Houston Police officer at 3900 Portsmouth about 12 a.m. on Sunday (Feb. 9).

The suspects, Ruben Anthony Zelaya (H/m, DOB: 7-2-96), Macedonio Rivera (H/m, DOB: 2-24-95), and Luis Angel Aquino (H/m, DOB: 10-31-96), are all charged with aggravated robbery with a deadly weapon in the 228th State District Court.  Photos of suspects Rivera and Aquino are attached to this news release.  A photo of suspect Zelaya is not currently available.

HPD Officer J. Johnson, who discharged his duty weapon in this incident, was sworn in as an officer in August 2008 and is assigned to the South Gessner Patrol Division.  Officer Johnson was not injured in this incident. 

HPD Homicide Division Senior Police Officer T. Andrade and Officer S. Overstreet reported:

Officer Johnson was off-duty walking to a movie theater with his girlfriend when they were approached by a vehicle containing the three suspects.  Suspect Zelaya pointed what appeared to be a pistol at Officer Johnson and his girlfriend and demanded her purse.  

Officer Johnson, fearing for the safety of his girlfriend and himself, discharged his duty weapon at suspect Zelaya.  The three suspects then fled the scene and drove to Memorial Hermann Southwest Hospital where they were arrested.  Suspects Zelaya and Rivera were treated for non life-threatening gunshot wounds.  Suspect Aquino was not struck.

Officer Johnson’s girlfriend was also not injured in this incident.

The weapon believed to be used in the attempted robbery was recovered a short distance from the movie theater where it was determined to be a realistic looking BB pistol.  

As in customary in incidents in which an HPD officer discharges his duty weapon in the city limits, this case will be investigated by the HPD Homicide and Internal Affairs Divisions and the Harris County District Attorney’s Office.