The melee at the Southwest Austin residence began when Acosta, described in the affidavit as an alcoholic battling depression, disappeared Friday only to return home drunk. Acosta argued with his father, who left, and then turned his attention to Trybendis’ mother, Dena, the affidavit said.
Their argument escalated until Dena told Acosta, "Maybe I should just shoot myself,” the police said in the affidavit. According to police, Acosta responded by grabbing a shotgun and saying something to the effect of, “I’ll just take care of it.”
Brandon entered the room to help his mother as she fought for the gun. During the struggle, police said in the affidavit, Acosta grabbed both of them by the neck and attempted to “choke” them. Brandon’s brother, Stephen, then managed to grab the gun, run downstairs with it and hide it outside, the affidavit said.
As Dena attempted to get in the car and leave with her two boys, Acosta followed them out of the house, grabbed Dena’s arms and slammed her face into the hood of the car, the affidavit said. She told her boyfriend that only Stephen knew where the gun was.
Acosta then pulled Stephen out of the car, shoved him to the ground and began to beat him, police wrote in the affidavit. Dena told officers it was then that she saw Brandon approach Acosta from behind and “strike him several times.” She said she did not see a knife, but saw Acosta bleed. Her boyfriend then turned towards Brandon, she told police, who “jabbed [Acosta] on the side several times.” Bleeding profusely, Acosta staggered toward the house and collapsed inside.
According to the affidavit, Trybendis told police he stabbed Acosta to protect his mother out of fear that Acosta would kill her. The police assert in the affidavit, however that Trybendis’ used “unreasonable” deadly force against Acosta.
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