AUSTIN -- Police have charged 21-year-old Rashad Owens with one count of capital murder in the downtown crash that left two dead and more than 20 others injured.
His bond was set at $3 million, and more charges are pending.
Owens' arrest affidavit says an Austin police officer attempted to pull Owens over in his grey Honda Civic around 12:30 a.m. after Owens attempted to turn left out of the wrong lane, nearly hitting the officer's vehicle at the intersection of E. 12th Street and North Interstate 35.
The affidavit says Owens continued driving on the I-35 frontage road, turning the wrong way onto 9th Street, which is a one-way street. The affidavit says the officer noticed Owens was headed in the direction of a South by Southwest event on Red River Street and attempted to catch up to the car before it got to the crowd.
The affidavit says witnesses saw Owens drive through the barrier on Red River, accelerating as it ran over pedestrians in the closed street.
Owens then drove through the barricades at the intersection of 11th and Red River streets, hitting a motorcycle with a rider and a passenger, a bicycle with one rider and a taxi with a driver inside, the affidavit says.
Jamie West was on the motorcycle and was killed at the scene. Steven Craenmehr was riding his bicycle and was also killed at the scene.
The affidavit says the car finally stopped in a parking lot on the northwest corner of 11th and Red River streets. Owens then fled the vehicle on foot. Officer who initiated the traffic stop was able to catch up to Owens on foot and used his Taser to stop Owens, who the affidavit describes as "combative." The officer had to use his Taser twice.
Owens was transported to University Medical Center Brackenridge to be treated for minor injuries. DWI officers evaluated Owens, who consented to a breath test revealing his blood alcohol level of .114, over the legal limit.
The affidavit says Owens admitted to officers that he saw the police lights in his rearview mirror and got scared because he has warrants and didn't want to go to jail for five years for something he didn't do, referring to kidnapping warrants as part of a custody battle for his daughter.
Fort Hood officials tell KVUE that the car Owens was driving was reported stolen in Killeen.
EMS Chief James Shamard said all critical patients were transported from the scene within 15 minutes. See the list of victims' names here.
Capital murder is the highest offense in Texas.
Russ Hunt is a defense attorney in Georgetown. He says the charges may not be the best fit.
"In order to prove that, the government would have to establish that the person intended to kill another person," Hunt said. "That could be difficult in a case like this when you don’t know what was going through the person’s mind."
It’s too early to tell whether the district attorney office plans to seek the death penalty, but Hunt says the public can expect a long legal process considering the high amount of witnesses and victims involved.
Austin police are asking witnesses to call police at 512-974-5186. Those checking on loved ones can call the Red Cross at 800-928-4271 or go here.