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Affidavit for arrest warrant filed after man allegedly fires shots in road rage incident

Road rage allegedly turned into an aggravated assault during an Austin traffic incident on Tuesday.

AUSTIN, Texas — According to an affidavit for an arrest warrant, 24-year-old Eric Filomeno shot at an Uber driver with a handgun on Wednesday.

The Uber driver told an Austin police officer that he was going home after work, headed eastbound on East Fifth Street, when he saw a Toyota Tundra driving recklessly at San Jacinto Boulevard. The Tundra proceeded to hold up traffic by doing a burnout as the light turned green and the Uber driver said he honked his horn at the Tundra to get him to go.

The two vehicles continued down East Fifth until they came to a stop sign at the west frontage road. The Uber driver said he saw the Tundra's driver's side door opening, so he went around to the passenger side. As the Uber driver was taking the turn around the west frontage road, he didn't see the Tundra in his rearview mirror. While he was waiting at East Sixth Street for the light to turn green, he saw the Tundra at the right side of his vehicle. He said the Tundra pulled in front of him, striking the front right side of his vehicle and blocking him in.

Credit: Austin Police Department

When the Tundra hit the Uber driver's vehicle, the Tundra's driver – later identified by police as Filomeno – tried to open his door but couldn't because it was pinned against the Uber driver's vehicle. According to the Uber driver, Filomeno rolled down his window, cocked his gun and said, "What's up?" twice before reportedly attempting to shoot at the driver, striking the hood of his car.

Filomeno then drove off, northbound on the frontage road, before getting onto North Interstate Highway 35.


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The Uber driver followed at least 20 cars behind Filomeno, as he was afraid of being shot at again. He said he heard another gunshot from a distance. 

A detective with Austin police later interrogated Filomeno, who said the Uber driver threatened him so he got out of his truck and tried to speak with him. Filomeno said he heard "gunshots," and then said he didn't know if it was gunshots specifically. He said he drove off for his own safety. Filomeno said he and the Uber driver were leaving Downtown when some road rage occurred, including the Uber driver honking at him repeatedly. Filomeno said the driver made threats he interpreted as physical, so he cocked his gun and shot upwards into the air. He then corrected himself and stated he shot towards the ground. 

Filomeno admitted to shooting two rounds from his gun, one while he was Downtown and one when he was on the frontage road.

An Austin police officer submitted an affidavit for a warrant for Filomeno's arrest, stating he believes Filomeno committed the crime of aggravated assault with a deadly weapon – a second-degree felony – when he shot at the Uber driver and struck the hood of his car.

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