Miguel Bandy, a 39-year-old man from Wichita Falls, Texas, is currently out on bond following his arrest in connection with a drive-by shooting that occurred on December 3. Authorities reported this week that Miguel Bandy was released after posting a total bond amount of $95,000.
The incident unfolded just after 6 p.m. on December 3, when Gonzales County Sheriff’s Office deputies received an emergency call from a man claiming he had been shot while driving on Interstate 10. According to Lt. Matt Atkinson of the sheriff’s office, the victim was traveling westbound on I-10 near milepost 654 when the shooting took place.
The victim described the suspect, identifying him as a Black male riding a motorcycle. He noted that the suspect was wearing a leather jacket and a white bandana and was not wearing a helmet at the time of the shooting. The caller reported being struck in the shoulder by gunfire but managed to pull over and call 911.
Emergency responders were dispatched to the scene and treated the victim for a shoulder wound that was determined to be non-life-threatening. The quick response of first responders helped stabilize the victim and allowed authorities to begin searching for the suspect immediately.
Sergeant Steve Monsavais of the Gonzales County Sheriff’s Office located the suspect shortly thereafter. Miguel Bandy was reportedly traveling westbound on U.S. Highway 90, roughly 20 miles from the site of the shooting. Monsavais initiated a traffic stop in the parking lot of a Love’s Travel Stop, located near the intersection of Interstate 10 and U.S. Highway 183.
According to Lt. Atkinson, evidence discovered during the traffic stop supported the victim’s account of the shooting. While specific details about the evidence have not been disclosed, authorities stated that the materials found during the stop played a key role in confirming the victim’s claims and identifying Miguel Bandy as the primary suspect.
Following his arrest, Miguel Bandy was charged with multiple serious offenses. The charges include aggravated assault with a deadly weapon, unlawful carrying of a weapon, two counts of possession of a prohibited weapon, and two counts of possession of a prohibited substance in a correctional facility. These charges reflect not only the alleged shooting but also items found in Miguel Bandy’s possession during or after the arrest.
Miguel Bandy’s total bond was set at $95,000 by Precinct 4 Justice of the Peace Darryl Becker. After posting the bond, Miguel Bandy was released from custody pending further legal proceedings.
Multiple agencies played a role in the swift identification and apprehension of the suspect. In addition to the Gonzales County Sheriff’s Office, personnel from the Texas Highway Patrol, Texas Parks and Wildlife Department, Gonzales County Precinct 3 Constable’s Office, and Gonzales County EMS all assisted in the incident response and investigation.
The case is currently under further investigation. Authorities have not disclosed a possible motive for the shooting, and it remains unclear whether the suspect and victim knew each other before the incident. No additional victims have been reported, and officials have stated there is no ongoing threat to the public.
The charges Miguel Bandy faces are considered felonies and carry significant legal consequences if a conviction is secured. Aggravated assault with a deadly weapon, in particular, is a second-degree felony under Texas law and may result in a prison sentence of up to 20 years if convicted. The possession charges related to prohibited weapons and substances in a correctional setting could lead to further penalties.
As of now, no trial date has been announced. Miguel Bandy is expected to appear in court as the case proceeds through the criminal justice system. Legal representatives for Miguel Bandy have not issued any public statements regarding the charges.
This incident highlights the dangers posed by violent encounters on public roadways and the importance of quick, coordinated responses by law enforcement and emergency personnel. Further updates are expected as the legal process continues.
Case Study: Miguel Bandy v. The State of Texas
In a recent legal decision, a Texas appellate court upheld the conviction of Miguel Bandy for possession of a deadly weapon while in custody at the Gonzales County Jail. The ruling centered on whether the item found in Miguel Bandy’s possession—a blackjack—qualified as a deadly weapon under Texas law.
Legal Standard for Deadly Weapon
Under Texas Penal Code § 1.07(17)(B), an object is defined as a deadly weapon if, “in the manner of its intended use,” it is capable of causing death or serious bodily injury. The court’s review focused on whether there was legally sufficient evidence to support the jury’s conclusion that the blackjack met this standard.
In applying the legal sufficiency standard, the court viewed the evidence in the light most favorable to the jury’s verdict. According to Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010), even if the weapon was not used to harm anyone, the intent and capability of its use are enough to justify a deadly weapon finding.
Miguel Bandy’s Argument on Appeal
Miguel Bandy appealed the conviction, arguing that because the blackjack was discovered in his pocket after his arrest inside the Gonzales County Jail, he never “used” it, and therefore it should not be classified as a deadly weapon. He claimed that simply possessing the object, without employing it in a threatening or harmful way, was insufficient for the deadly weapon designation.
However, the appellate court disagreed. According to Texas law, actual use is not required. The item qualifies as a deadly weapon if the intended use would make it capable of inflicting serious harm or death. The court emphasized that it is the combination of the object’s design and the possessor’s intended use that determines its legal classification.
Evidence Presented at Trial
Miguel Bandy admitted during testimony that he had purchased the blackjack from a store called “eCops.” He described the weapon in detail, noting that it was made of four-ply American leather with strong stitching and a flat metal weight at its core. He acknowledged that it was a tool historically used by soldiers and police officers for self-defense and explained that it could be used to “hit someone and flee.”
The jury was allowed to physically examine the blackjack, and two law enforcement officers testified that, in their professional opinions, the item met the statutory definition of a deadly weapon. They asserted that if used in the manner described by Miguel Bandy, the blackjack could indeed cause serious bodily injury or even death.
The Court’s Conclusion
Citing prior case law, including Berry v. State, 833 S.W.2d 332 (Tex. App.—Waco 1992, no pet.) the court noted that similar findings had been upheld in the past. In Berry, for instance, a handmade knife (“shank”) discovered in a jail setting was found to meet the deadly weapon standard based on its intended use.
In Miguel Bandy’s case, the court found that the evidence presented at trial was sufficient for a rational jury to conclude that the blackjack was capable of causing serious harm and that Miguel Bandy possessed it with such intent.
Final Ruling
The appellate court affirmed Miguel Bandy’s conviction for possession of a deadly weapon in a correctional facility. The court’s decision underscores the importance of intent and potential use in determining whether an object qualifies as a deadly weapon under Texas law—even if the object was never actively used in a threatening manner.
This ruling reaffirms Texas’s firm stance on enforcing safety within correctional facilities and highlights how even passive possession of certain objects can lead to serious legal consequences when intent and capability are present.
What Are Drive‑By Shootings?
Drive‑by shootings involve firing a weapon from a moving vehicle at people or locations, often in public spaces, residences, or during impulsive confrontations like road rage. They are distinguished by their mobility, unpredictability, and potential for collateral harm. While often associated with gang violence, these shootings also occur during domestic disputes and road-rage incidents.
Recent Notable Incidents in Texas
Southeast Houston
- June 18, 2025 – A 19-year-old man was fatally shot in a drive‑by incident around 1 a.m. in Pasadena near Shaver Street. The suspect remains unidentified as authorities continue their investigation.
Dallas Metro Area
- April 13, 2024–Dec 2024 – A surge of violent drive‑by events:
- South Dallas drive‑by left 2 dead and 1 injured.
- Multiple incidents in Arlington, North Richland Hills, and Fort Worth involved children among the injured, highlighting a troubling pattern of endangering vulnerable residents.
- South Dallas drive‑by left 2 dead and 1 injured.
Fort Worth
- 2024 – A drive‑by outside an apartment complex wounded six people, ages 3 to 19, reflecting a severe threat to families and youth in residential spaces.
Statewide Snapshot and Context
- No national database captures drive‑by occurrences specifically; such incidents are instead tallied under broader categories like aggravated assault or homicide.
- A national study noted Texas had about 60 drive‑by shootings, resulting in 6 deaths and 52 injuries, second only to California at the time.
- From 2013–2022, Texas saw a 44% increase in overall gun-related deaths, ranking 26th nationally; firearms remained the leading cause of death among youth.
Legislative and Enforcement Response
- June 2025 – Texas enacted Senate Bill 3031, increasing penalties for road‑rage and drive‑by murders, motivated by a high-profile case involving the killing of Louise Wilson. The penalties now include 5–90 years or life, reflecting heightened state commitment to deterrence.
Implications and Ongoing Challenges
- Uncertainty and harm: The unpredictability of shooters in vehicles escalates risk for innocent bystanders.
- Youth victims: Children are tragically impacted, with multiple cases involving minors among the injured.
- Legislative deterrence: Enhanced law penalties indicate a policy shift aimed at increasing accountability.
- Data limitations: Lack of specific tracking for drive‑bys calls for enhanced recording systems and analytic efforts.
Summary
Drive‑by shootings in Texas remain a persistent public safety issue with significant human cost. Recent high-profile cases—from Pasadena and Dallas to Fort Worth—demonstrate a troubling trend affecting people of all ages, including children. While statistics show Texas’s gun violence crisis is worsening, legislative reforms like SB 3031 represent a serious step toward tougher enforcement. A clearer data infrastructure on drive‑by incidents and ongoing law enforcement focus on such mobile threats will be essential in safeguarding communities.
