August 29, 2008

Suspect indicted on murder charges

By Stephanie Flemmons, Staff Writer
(Created: Friday, August 29, 2008 11:24 AM CDT)

A Collin County grand jury indicted an individual for one count of aggravated assault and one count of murder.

Marcos Noe Fernandez, 30, was arrested on charges of murder and attempted capital murder by Plano police June 14.

According to police records, a Plano police officer located a 24-year-old male with stab wounds at the Plano Tire Store, located in the 1500 block of Central Expressway.

The stabbing victim, Sergio Orlando DeLeon, 24, told police that he and his cousin Osbelio David DeLeon, 21, had gone to see a friend, Evelyn Morales, at the Alta Vista Apartments.

Sergio told police they were knocking on her door when three Hispanic males suddenly attacked him and stabbed him in the abdomen.

Sergio told police he attempted to run away from the location and the Hispanic male subject followed and stabbed him two more times in the back. Sergio said he did not know where his cousin was.

Police found Osbelio unconscious in the parking lot of the southeast portion of the apartment complex.

Osbelio DeLeon was pronounced dead from stab wounds just after 1 a.m., according to police.

When police contacted Morales, she said she did not hear knocking on her door, but heard several males from the apartment above, running down the stairs just before the police officers’ arrival.

Morales said she saw the subjects leaving in a gray four-door vehicle and told police the owner of the vehicle lives in the apartment directly above hers.

Police learned there were four individuals in the apartment.

Samuel De Jesus Chacon gave police a written consent to search his apartment and provided officers with a key.

When officers arrived at the apartment, the deadbolt was locked from the inside making them unable to unlock the door.

Police used a neighboring balcony to enter through the back door.

Chacon, Gustavo Ortega, 18, Edgar Castaneda, 27, and Leonel Ortega, 22, were identified inside the apartment.

Ortega told police all the men in the apartment fled before police arrived.

Castaneda told police he had been on the back porch drinking beer when he heard Rivera Ortega say that “someone had gotten stabbed and Marcos had done it,” according to the affidavit.

Castenda said Fernandez ran back into the apartment after the stabbing and jumped over the balcony carrying a knife.

Police contacted Milton Hiran Guzman Gregon, 22, who was arrested earlier that same evening for public intoxication. Guzman told police at approximately 11:30 p.m. two Hispanic males knocked on the apartment door. He said Fernandez answered the door and the men left. They returned 15 minutes later and knocked once again. He told police there was a verbal exchange the second time.

Guzman followed Fernandez and advised him to stop after the first stabbing, but he ran off after the second individual.

Guzman told police he advised everyone in the apartment Fernandez had stabbed the two men that were at the door.

Fernandez then ran back into the apartment and yelled that everyone needed to “get out.”

According to Rick McDonald, Plano police spokesman, investigators identified Fernandez as a Guatemalan national currently residing in Plano.

Fernandez was transported to the Collin County Detention Center, where he currently remains in lieu of a $900,000 bond. The Department of Homeland Security has placed an immigration hold on Fernandez.

Contact Stephanie Flemmons at

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Should the Texas State Legislature pass immigration enforcement laws in 2009?