Woman indicted for murder in 2023 shooting of Sonic employee

A grand jury has handed down a new criminal indictment in the 2023 shooting death of Sonic employee Matthew Davis in Johnson County.

Davis’ death in May 2023 shocked the small community when it was revealed he had been gunned down at work by a 12-year-old boy.

A park just outside of Keene brings solace to those who loved Davis. They don’t mind the large flocks of noisy geese and ducks constantly on the move.

"He loved coming here," said his mom, Leigh Miller, with a smile. "He came down here to listen to music, and no telling what he did with these birds because he loved animals. I wouldn’t put it past him if he brought bread and stuff, yeah."

Miller remembers when Davis once made her stop the car to rescue a turtle and drive it to the pond on-site.

Loved ones describe Davis as generous, caring, and kind. He loved his little boy and his family.

We haven’t been able to grieve like we’re supposed to because we’ve been too busy trying to fight every which direction.

Leigh Miller

That fight, she says, is for justice—not just for the child who pulled the trigger, but for the adults involved, especially Ashley Marmolejo.

"My son would be here if it were not for her. She’s the one who’s ultimately to blame," Miller said. "Ashley should have been charged in the beginning with murder, and she is the one that murdered my son. He would be here if it wasn’t for her."

Miller says she now feels a small sense of closure, knowing the woman she blames for her son’s death is behind bars, now facing a murder charge.

Marmolejo allegedly confessed to arming her 12-year-old nephew and directing him to defend his uncle, Angel Gomez Ocana, who was involved in a physical fight with Davis at the Sonic in Keene.

The deadly confrontation began when a female customer reported seeing an out-of-control Gomez urinating in the drive-in’s parking lot in plain view of customers, according to Keene police.

When Davis asked Gomez to stop making a scene, Gomez reportedly escalated the encounter into a fight.

Marmolejo, who was in a vehicle with other children, is accused of retrieving a pistol, handing it to the 12-year-old boy, and saying "go." She later claimed she meant for him to stop the fight by scaring the Sonic worker.

"She handed him a gun," Miller said. "He got out, he fired. He fired again. He fired again. She never got out."

The suspects reportedly fled the scene and returned in a different vehicle.

Police took the boy into custody, charging him with murder.

Gomez has been charged with tampering with evidence.

Marmolejo was initially not charged in the fatal shooting. After her alleged confession, she was charged with manslaughter last year—a charge Miller said felt like a "crushing blow."

"[The boy] was doing what she told him," Miller said. "Angel, he was having a scuffle with Matthew. My son would be here if not for her. She’s the one ultimately to blame."

The gunman's mother told NBC 5 in 2023 that she, too, blames Marmolejo for much of the tragedy.

Miller says her pleas went unanswered by the former district attorney in the county, but that changed with new D.A. Tim Good.

Good met with Miller in January and promised to take the case back to the grand jury.

"He said, ‘The reason why I’m calling you in here is because this is the first thing I wanted to make right when I took office.’ And he said, ‘We’re going to go back to the grand jury for murder,’ and I literally started crying because I didn’t have to fight—someone was fighting with me and for me," Miller said through tears.

Davis’ two brothers, still reeling from their loss, expressed gratitude for the increased charge.

I loved my brother with all my heart.

Cameron Davis

They are equally amazed by their mother’s determination.

"Nothing will stop her. Nothing can stop her," he added.

The young men say they are extremely grateful for the community’s continued support, including from the Keene Police Department, Sonic, and D.A. Good.

"It doesn’t bring Matthew back, but this is a step toward accountability and the justice we seek for him," said John Davis.

Miller wants the public to know how thankful she is for D.A. Good, a former assistant district attorney.

"Because without him, this wouldn’t have been done," she said. "I want to tell Detective Evans at the Keene Police Department how thankful I am that he didn’t stop, and the first officer that was on the scene that took care of my son, Officer Aaron Robledo. He was with him and did everything he could."

This family’s fight for justice is far from over.

There are still potential trials ahead. Marmolejo is set to stand trial in July.

Miller says Gomez will likely follow.

The 12-year-old gunman is currently serving a 12-year term in the Texas Juvenile Justice Division.

The boy’s defense attorney previously told NBC 5 that he could be subpoenaed to testify against his aunt and uncle.

"She’s been out on bond all this time, and all we have are photos and memories and his clothes. This is his shirt," Miller said, grabbing his brown polo shirt that she was wearing. "This is what I have left."

She says the shirt gives her the strength to speak out despite the pain and anger.

"I wanted a piece of him here," she said. "For him to know that justice is being served for him and that his death is not going to be in vain."

Marmolejo’s attorney has not responded to NBC 5’s request for comment.