Fist Fight Escalates Into Murder Charges

LUBBOCK, TX — Court documents reveal an update on the fatal shooting between Robert Cervantes III and Nick Rodela-Garcia outside CC’s Bar and Grill early morning on November 29.

At approximately 1:28 AM, Lubbock police responded to a shots-fired call at the bar located at 1605 50th Street. When officers arrived, they found Nick Rodela-Garcia, 28, lying on the ground outside the bar with multiple gunshot wounds. Rodela-Garcia was rushed to University Medical Center, where he was later pronounced dead at 4:05 AM.

Investigators quickly identified Robert Cervantes III, 21, who approached officers at the scene and admitted to shooting Rodela-Garcia. According to Cervantes, the shooting happened just after a physical altercation that began outside the bar.

According to court documents, Cervantes had been at CC’s Bar with his cousin and told police that he had decided to leave the bar, go to his car, and put a handgun he had under the front passenger seat in his waistband when the confrontation began.

He said Rodela-Garcia, who was reportedly already angry and threatening others, approached him in the parking lot. Cervantes described Rodela-Garcia as being aggressive, cursing people out, and saying, “On Crip, anybody who look at me, I’m gonna beat their ass.”

According to Cervantes, he attempted to calm the situation and told Rodela-Garcia to “chill” and that he didn’t want to fight. Cervantes claimed he suffers from a medical condition involving fluid in his brain that could make him more vulnerable to fighting. He warned Rodela-Garcia that if he were hit, he would defend himself. 

Cervantes claimed Rodela-Garcia then punched him repeatedly, damaging his glasses. In response to the punches, Cervantes said he drew his gun and fired four shots at Rodela-Garcia. Three of the shots struck Rodela-Garcia and collapsed outside the bar. Cervantes told investigators that he fired with his eyes closed and that he only remembered shooting after being punched.

A witness at the scene confirmed that both men exchanged verbal threats before the altercation escalated. However, investigators noted that Cervantes’ response—firing a gun at close range—was an excessive use of force given the situation.

Cervantes did not report seeing any weapon in Rodela-Garcia’s possession, nor did he mention any specific fear of death or serious injury when questioned by investigators. Cervantes complained that he had pain in his left eye but refused medical treatment. There were no visible signs of significant injury to his face, and he declined further medical care. 

Investigators determined that Cervantes' used a “disproportionate amount of force” to the threats made by Rodela-Garcia, especially since Cervantes did not mention any clear, immediate danger, such as a weapon or fear of serious injury.

An arrest warrant for murder was issued for Cervantes on December 6. The following day, Lubbock police asked for the public’s help locating him, and Cervantes turned himself in at the Lubbock County Detention Center later that same day. As of December 10, he remains at LCDC, and his bond is $500,000.