A Hays County judge sentenced 25-year-old Joseph Sifuentes to 50 years in prison for shooting an off-duty Kyle police officer during a confrontation at a San Marcos apartment complex in August 2023, capping a case that also revealed a string of other violent incidents in the weeks before the shooting. The sentence, handed down August 28, was the maximum allowed under Sifuentes's plea agreement.
The shooting happened around 12:12 a.m. on August 26, 2023, at the Encino Pointe Apartments in the 1800 block of Post Road in San Marcos, according to San Antonio Express-News reporter Richard Webner. The off-duty officer, who was working as a resident courtesy security officer for the complex and wearing his police badge, was shot in the arm, as detailed by KVUE. Per the Hays County District Attorney's Office, Sifuentes became aggressive after the officer approached him on a playground to warn him about being too loud.
The officer returned fire, though his shots did not strike Sifuentes. San Marcos police officers located and arrested Sifuentes inside an apartment unit at the complex shortly after the shooting and executed a search warrant that turned up the handgun believed to have been used, according to KSAT. The injured officer was rushed to Ascension Seton Hays Hospital in Kyle, where he was treated and released in good condition, the Express-News reported. He has since returned to full duty.
Initial Charges and Plea Deal
Sifuentes was initially charged with attempted capital murder of a peace officer, aggravated assault against a public servant, aggravated assault with a deadly weapon, and retaliation, according to Hays County court records cited by the Express-News. He ultimately pleaded guilty to aggravated assault against a public servant, and prosecutors dismissed the attempted capital murder, aggravated assault with a deadly weapon, and retaliation charges tied to the officer shooting.
Hays County District Court Judge Sherri Tibbe sentenced Sifuentes to 50 years in prison on the aggravated assault against a public servant charge — the top end of the 5-to-50-year range established by his plea agreement. Under Texas Penal Code § 22.02(b)(2)(B), aggravated assault with a deadly weapon against a public servant lawfully performing official duties is a first-degree felony that can carry a sentence of 5 to 99 years or life, according to Varghese Summersett. Because the case includes a deadly weapon finding, Texas Government Code § 508.145(d) requires Sifuentes to serve at least 50% of his sentence — a minimum of 25 years — before he can be considered for parole, without credit for good conduct time.
A Pattern of Armed Confrontations
Prosecutors also presented evidence at sentencing tying the officer shooting to two other violent episodes from the same summer. In June 2023, Sifuentes drove drunk in Austin, ran a red light, crashed into another vehicle and injured multiple people inside it, then fled the scene and flashed a handgun at a bystander who told him to stay, according to the Hays Free Press.
About a week before the officer shooting, Sifuentes threatened a couple waiting for a table at a restaurant with a gun, per Hays County court records. That incident led to a separate conviction for aggravated assault with a deadly weapon, and Tibbe sentenced him to 10 years in prison on that charge — Sifuentes had pleaded guilty to it in the separate case. Open questions remain, including whether the 10-year sentence runs concurrently or consecutively with the 50-year term, and what specific warrants were pending against Sifuentes at the time of his 2023 arrest.
Prosecutor and Chief React
Hays County prosecutor Katie Arnold said Sifuentes's ongoing violent behavior demonstrated that a lengthy prison sentence was the only way to keep the community safe. Arnold also thanked the law enforcement officer for his bravery and those who traveled to testify.
In the immediate aftermath of the 2023 shooting, Kyle Police Chief Jeff Barnett publicly thanked San Marcos police officers, Hays County EMS, and hospital staff for their rapid response and for making the arrest, according to KVUE's earlier reporting. More than three years after the shooting, the case has closed with Sifuentes facing decades behind bars and, under Texas law, at least a quarter-century before he can seek release.
