HARRIS COUNTY, Texas — The man accused of killing his ex-girlfriend's 12-year-old son faced a judge for the first time since he was brought back to Harris County.
Terry Bryan Rivera, 27, is charged with capital murder in the March 4 shooting death of Carlos Fernandez.
The judge set Rivera's bond at $2 million.
The prosecutor explained why he can't be held without bond and why he's not eligible for the death penalty.
"The judge addressed his bond; because he’s accused of killing a child between 10 to 15, that particular capital murder provision does not allow for the death penalty which means we cannot hold him for no bond," prosecutor Jamie Burro said.
She said they don't believe Rivera will make bond because he told the judge his only asset is a pickup truck and he doesn't have a job.
The Harris County District Attorney's Office plans to ask for life in prison without parole.
We also learned new details about the night Carlos was killed after running to check on his sleeping sisters because he heard a noise. Prosecutors say Rivera reached through an open window where the girls were sleeping and opened fire. Carlos was struck and killed. The girls weren't injured.
The prosecutor said the children's mother, Ashley Rostro, told investigators she woke up in the same bedroom when she heard a voice that she was 100% sure was Rivera say, "Yeah, what's up, what's up?" before the gunshots.
Rivera called her from a blocked number after the shooting, according to prosecutors. She said she told him, "You were just here," and Rivera replied, "I know I know."
Rostro spoke only with KHOU 11 News Wednesday morning about the man accused of killing her son.
"He's just a coward, honestly ... he's heartless," Rostro told us.
Terry Rivera captured at Texas-Mexico border
Sheriff Ed Gonzalez said Rivera was captured Monday at the Gateway International Bridge in Brownsville as he tried to cross the border back into the US from Mexico.
Customs and Border Protection agents used biometric verification, checked federal law enforcement databases and discovered Rivera was wanted in Harris County.
“As spring break traffic begins to pick up, our frontline CBP officers continue to maintain strict vigilance and apprehended a man wanted for capital murder,” Acting Port Director Michael Reyes with Brownsville Port of Entry said.
Some of Rivera's property was also seized as evidence, according to the sheriff.
He spent the night in the Cameron County Jail before being brought back to Houston late Tuesday afternoon.
"Glad that we were able to bring him back to Harris County, and hopefully the family will be seeing justice here soon in the legal system," Tom Gilliland with the Harris County Sheriff's Office said.
He will likely be separated from other inmates.
"He is what we call a high-profile inmate, he will be processed in a different way. His classification will be much more higher," Gilliland said.
Rivera was supposed to make an appearance in probable cause court Tuesday night, but he waived it.
He has no prior felony convictions.
Monday night, Carlos's family shared a message with KHOU 11 News following the arrest of Rivera saying, "Very happy with the hard work and dedication that was put into capturing him. Thanking everyone involved and the community for the support."
Mother of accused killer also arrested
Meanwhile, Rivera's mother, Alva Cornejo, will remain behind bars for now. The 51-year-old made her first official court appearance Tuesday morning on a charge of hindering apprehension. Investigators say Cornejo helped her son get out of Harris County after the shooting.
According to prosecutors and HCSO, she met with her son hours after Carlos was killed and he told her what happened. Cornejo initially claimed that she told him to surrender but he took off.
Investigators later found evidence contradicting her story on Cornejo's phone.
"Whenever they reviewed her phone, they found she'd been searching things like, 'How to get to the border of Mexico,' which we know is where Rivera was arrested," Burro told us.
They also found text messages Cornejo sent someone to ask them to give Rivera a ride, Burro said.
The judge left Cornejo's bond at $25,000. She's also on an ICE immigration hold.