Austin Target shooting: Suspect’s criminal history

AUSTIN (KXAN) — The 32-year-old who police believe killed three people in a north Austin parking lot Monday was not supposed to be in possession of a gun, legal experts told KXAN.

According to online court records, Ethan Nieneker was convicted of misdemeanor-level family violence in 2016.

“When you have a family violence conviction, you’re prohibited from owning firearms under federal law for the remainder of your life,” defense attorney Benjamin Gergen – who is not involved with this case – said.

Nieneker faces two Capital Murder charges in the deaths of 65-year-old Adam Chow and his 4-year-old granddaughter. He also faces a first-degree murder charge in the death of 24-year-old Hector Leopoldo Martinez Machuca. Their photos are below.

Police said Nieneker killed Chow and his granddaughter while stealing their car, and shot Machuca – a Target employee – at random as he was collecting shopping carts.

Nieneker’s most recent arrest in Travis County was in 2019, according to court records. It was another assault family violence case. It was ultimately dismissed in 2022 because the courts could not locate the victim.

Police Chief Lisa Davis said several times that Nieneker has long struggled with his mental health, and appeared to be experiencing an episode during the attack.

“When we’re dealing with someone with these issues, where does someone with this capacity to do this get a weapon, and when does a family member feel comfortable giving someone with these issues a weapon?” Davis said.

Gergen said while Nieneker was not supposed to have a gun, there’s no official tracking system to make sure people convicted of crimes aren’t carrying.

“It’s almost impossible to police every single person,” he said. “So that’s when we ask people in the community, if your loved one has mental health issues, to say what’s he doing does he have guns at home.”

An attorney was not yet listed for Nieneker. KXAN will update this article when that changes.