Attorney issues statement that client was protecting his family

The attorney for the 37-year-old man that was arrested in connection to the fatal shooting of a Midland Police Department field officer reportedly stated his client fired his weapon to protect his family.

David Charles Wilson was arrested and charged Tuesday with manslaughter, a second-degree felony, after he reportedly shot and killed 28-year-old Nathan Heidelberg. Wilson was released on a $75,000 bond on Tuesday.

Wilson’s attorney, Brian Carney of Midland, issued a statement to CBS7 on Wednesday morning that his client believed his family was experiencing a home invasion.

Heidelberg and Officer Victoria Allee were dispatched to an alarm/panic alarm call at 1:16 a.m. Tuesday to 3306 Eagle Cove, a Midland County District Attorney’s Office affidavit detailed.

Officers reportedly arrived at the resident and found nothing out of the ordinary until Heidelberg noticed the front door was open. Heidelberg radioed to dispatch the front door was open. Two other police officers arrived at the residence at the time when Heidelberg reportedly clearly announced his presence to anyone inside the home.

Shortly after Heidelberg entered the house, an officer at the scene heard a shot fired, the affidavit stated. The officer reportedly asked Heidelberg if he was OK and Heidelberg responded that he was OK.

The officer heard another noise and found Heidelberg was shot and lying face down, the affidavit detailed. Life-saving measures were performed on Heidelberg until he was transported to Midland Memorial Hospital by another member of MPD where he died from his injuries around 2:20 a.m.

Texas Ranger Cody Allen interviewed Wilson, the affidavit detailed, and he admitted against his penal interest that he was inside the residence and fired a handgun in the direction of Heidelberg, the affidavit stated. There was reportedly no evidence of anyone else discharging a firearm.

Wilson purchased the house at 3306 Eagle Cove that sits on 2.5 acres in 2017, according to the Midland Central Appraisal District. The MCAD lists the appraised value at $973,220.

Heidelberg graduated from Midland High School in 2009, the obituary from Nalley-Pickle and Welch stated. He attended Midland College and then graduated from Sul Ross State University with a bachelor’s degree in biology. He played guitar and he was a member of a local band called Ricky and Rhinestones.

Heidelberg was sworn in as an MPD officer on Dec. 26, 2014. Heidelberg was the first officer at MPD to be killed in the line of duty since 1961, the Officer Down Memorial Page website stated.

There have been a total of four deaths in the line of duty at MPD — three deaths by gunfire and one by motorcycle crash. All four officers were men.

The funeral service for Heidelberg will be held at 2 p.m. Friday at the First Baptist Church in Midland. There will be graveside services to follow at Greenwood Cemetery.

Heidelberg’s obituary states the pallbearers will be MPD members Cody Burns, Joel Covarrubio, Tim Newton, Julio Romero, Michael Siebman, and Brian Stacey, while honorary pallbearers will be Drew Ferris, Joel and Luke Balch, Ashton McShan, and Ryan and Rhett James.

Odessa Police Department Chief Mike Gerke said in an interview over the phone on Tuesday afternoon that he has offered to serve Midland while members of MPD attend Heidelberg’s funeral.

 “We want to allow the entire Midland Police Department for a chance to grieve together and maybe take the burden of answering those calls at that time period from them if that’s what they choose,” Gerke said. “Of course that’s their choice if they take us up on that offer, but that offer has been made.”