Posted on April 27, 2012 at 6:32 AM
Friday, Apr 27 at 7:22 AM
AUSTIN -- The man accused of shooting and killing an Austin police officer was scheduled to appear in court Friday morning, but will be represented by his lawyer instead.
Brandon Montgomery Daniel, 24, is also charged with driving while intoxicated. It stems from an arrest made prior to the fatal shooting earlier this month. His lawyer's appearance Friday morning is for that DWI charge.
Daniel’s first day in court on the capital murder charge has been pushed back until late May.
Police say Daniel shot and killed Senior APD Officer Jaime Padron early in the morning back on April 6 at a North Austin Walmart.
Officer Padron went to the store responding to a call about an intoxicated shoplifter, identified as Daniel. Witnesses say they saw Daniel pull out a gun and shoot Officer Padron point blank.
Police say Daniel had been drinking and taking the prescription drug Xanax. His family and friends say he'd been depressed over a recent break up.
“I see the pictures on TV and that’s just not who my roommate is; that guy [on TV] looks like a psychopath,” explained Daniel’s roommate who wanted to remain anonymous.
Daniel’s mother says her son had been working as a software engineer at Hewlett Packard.
Since the shooting, Daniel's been in the Travis County Jail. He is being held without bond.