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Police arrest suspect in apartment shooting


By Seth Burkett
DAILY Staff Writer
sburkett@decaturdaily.com · 340-2355

Decatur police on Tuesday arrested a man in the shooting that hospitalized a Decatur man earlier this week.

Cirilo Ramirez Herrera, 46, faces a charge of attempted murder in Sunday's shooting outside his residence, Cardinal Apartments, No. 29.

The small-caliber revolver Herrera used to fire a bullet into Palemon Pelaez's neck lies in a local waterway and police are working to recover it, said Detective Jeremy Hayes.

Pelaez remained in surgical intensive care at Huntsville Hospital with the bullet lodged in his neck, but his condition is improving, Hayes said.

"Today was the first day we were able to talk with him. It was a very limited interview, but he did identify Mr. Herrera as the person who shot him," Hayes said.

Pelaez is in his mid-20s and lives in Decatur.

Police watched Herrera's apartment Monday, but he never returned. They arrested him at his place of work on Tuesday in Hartselle at about 1 p.m.

A fight between Pelaez and a cousin broke out in the breezeway in front of Herrera's apartment Saturday night, Hayes said.

After the fight, both left. Then both came back.

Pelaez's cousin was talking with Herrera, a friend, when Pelaez returned.

Pelaez remained downstairs, but when Herrera saw him, he pulled out the gun and shot him in the back of the neck.

Pelaez managed to stagger away from the apartment.

"Pelaez's brother heard the shots, found his brother shot, loaded him in the vehicle and that's when they saw police," Hayes said.

Police found Pelaez unconscious in the passenger seat of his brother's car. An ambulance took him to Decatur General Hospital, and MedFlight then took him to Huntsville Hospital.

Police believe they know where Herrera hid the weapon.

"It is in a waterway in the Decatur area. We're not going to disclose that until we recover it. We're putting in a request for our dive team. It's in deep enough water that it's only recoverable by a dive team," Hayes said.

"He probably bought (the gun) on the street from somebody. ... I wouldn't think an illegal immigrant could purchase a firearm legally," Hayes said.

Herrera told police he entered the United States illegally from Mexico and has no family in this country.

Hayes brought in Officer Juan Penuelas of the Anti-Crime Unit to conduct the bulk of the interviews because, in addition to the suspect, the victim and all the witnesses speak Spanish.

"Civilians are good for translation, but they don't know law enforcement. Having an officer that speaks Spanish is worth his weight in gold," Hayes said.

Hayes said the investigation is ongoing, and others could face charges in the case.

If found guilty, Herrera could face 20 years to life in prison, with a sentencing enhancement for the use of a firearm.

"I will be talking to immigration tomorrow. I foresee them getting involved and putting an immigration hold on (Herrera) pending the outcome of the trial.

"If immigration gets involved and places a hold on him and if he's convicted, once his sentence has ended, they will deport him. And if he comes back into the United States he will be arrested automatically," Hayes said.