Family of Fort Worth Apartment Shooting Victim Considering Legal Action, Attorneys Say

The family of a Fort Worth man killed inside of an apartment complex he lived in and worked at is considering legal action, according to attorneys for the family.

Carlos Aybar, 30, has been identified as the man killed Friday at The Marq on West 7^th. According to Fort Worth Police, Aybar was found with multiple gunshot wounds. Officers were able to locate the person responsible for the shooting, later identified as Devin Deron Smith.

Police say Smith came to the office of the apartment complex over paperwork left at his door. A witness reportedly contacted Aybar, who lived at the complex and worked in maintenance there, because they were in fear of Smith. According to police, Aybar tried to get Smith to leave and was shot multiple times.

Gabriela Perdomo, the mother of Aybar’s son, said they were supposed to meet up and take their child to the park that evening. Perdomo called him multiple times before she learned he died.

“He was full of life, you know? Hearing that he was killed like that, I can’t even believe it. I just can’t,” Perdomo said. “Like, tell me you died because you went to the mountain and you got frozen, I don’t know. Not like that.”

James Trujillo is one of the attorneys representing Aybar’s family.

“The bond amount being set at $150,000. That’s ridiculous because all he [Smith] has to do is come up with $15,000 and he gets to walk out and walk free,” Trujillo said.

Trujillo said he has spoken with multiple tenants at Marq, and they reportedly contacted the management at Marq and the police about Smith’s past conduct.

“It’s my position that they should have started the eviction process months ago,” he said. “Mr. Smith chased one of the tenants with the pitbull, a young female. He also allowed the pitbull to bite one of the leasing agents in the building.”

According to online records, Smith remains in jail as of Wednesday and has not entered a plea in this case. His initial court appearance is set for next week. NBC 5 reached out to court-appointed attorneys for Smith. Our request has not been returned as of this writing.

Aybar’s aunt Rebeca Canelon-Diaz said their battle for justice is only beginning.

“We, as family, we are seeking justice. However at the moment, we cannot even mourn Carlos, our hero, due to the fact that we are tormented by the possible release of this despicable monster,” Canelon-Diaz said.

A representative for CWS Apartment Homes, which operates The Marq on West 7^th, referred NBC 5 to a previous statement when we asked for a comment Wednesday:

“CWS Apartment Homes is devastated by the senseless and untimely loss of our dedicated team member and friend, Carlos Aybar.  Our thoughts and prayers are with his family.  CWS is also focused on ensuring that our local team members have the support they need at this difficult time.  We want to assure our residents, employees, and our Fort Worth community that safety is our top priority and that we are fully cooperating with and supporting law enforcement’s investigation.”