San Antonio, Texas

From MySanAntonio.com of June 30, 2006

Teen freed after father shot

A 16-year-old boy who authorities said shot his father in defense of his mother has been released from custody because officials said it appears he was trying to protect her.

A judge authorized Roy Ponce's release from the Juvenile Detention Center on June 23, pending further investigation of the case.

"So far all the evidence is pointing to the fact that this man (Roy's father) was assaulting his wife and this boy stepped in to protect his mother," said Jill Mata, Bexar County assistant district attorney and chief of the office's juvenile section.

The boy was detained June 20 after officials said he shot his father once in the head with a .380-caliber handgun. Roy's mother told officials her son was trying to save her life and that she had suffered a history of abuse at the hands of her husband.

The San Antonio Express-News generally does not identify juveniles accused of crimes, but his family previously authorized the release of his name.

Sheriff's deputies may later file some type of assault charges against the teen's father, Encarnacion Jacob Ponce, if he survives, according to First Assistant District Attorney Cliff Herberg. His wife has also been granted a protective order.

Encarnacion Ponce, 47, remains in serious condition at University Hospital.

Officials initially didn't recommend detention for Roy because there was strong evidence the shooting was justified, Herberg said.

In 2003, a judge gave Encarnacion Ponce eight months of deferred probation based on a misdemeanor charge of assault with bodily injury on his wife.

The district attorney's office is awaiting a final report from the Bexar County Sheriff's Department to determine the outcome of the case, Herberg said.