Two months before pointing what he thought was an unloaded pistol at his friend and fatally pulling the trigger, David Provencio allegedly pulled a handgun on a male in the parking lot of a Nampa motel, racked the slide and pointed it at the person.
The male told police he ran as fast as he could out of the parking lot and hid behind some bushes on the street because he thought Provencio was going to shoot him, according to a probable cause affidavit filed in the case.
The victim in the August incident said Provencio, 18, was arguing with a 17-year-old member of his family about a marijuana transaction, according to the affidavit, which Canyon County released following a public records request by the Idaho Statesman . The victim said he stepped in and told Provencio to quit yelling and threatening the boy.
That’s when Provencio allegedly pulled out the gun and pointed it at the victim, then chased him for a time. When police apprehended Provencio a short time later, they found a .380-caliber pistol in the car.
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Provencio admitted to police that he pointed the gun at a person after a confrontation over marijuana he was trying to buy, according to the affidavit. When Provencio was apprehended, Tristan Fenton, 15, was a passenger in the car.
Fenton died Oct. 17 after Provencio shot him with what he thought was an unloaded Glock 19 handgun while they were hanging out with friends at Fenton’s home on East Franklin Road in Meridian. Police say they were smoking marijuana and drinking alcohol before Fenton was shot about 9:30 p.m.
Provencio, who is unemployed, had lived with Fenton and his family for about a year. Fenton’s cousin, Sidney Fenton, told the Statesman last week that the family still loves and stands by Provencio.
Provencio is charged with involuntary manslaughter and use of a deadly weapon in Fenton’s death. He is scheduled to appear Monday in Ada County Magistrate Court for a preliminary hearing. He remains in the Ada County Jail in Boise on $500,000 bail.
In the Canyon County case, he is charged with aggravated assault and use of a deadly weapon. He has pleaded not guilty in that case and is scheduled to go to trial Dec. 15.