'We have kids,' victim told gunman before being fatally shot during robbery

WEST VALLEY CITY — A 26-year-old man accused of fatally shooting another man during an alleged drug rip — all while two young children were sitting next to the victim — has been charged.

Ryley Jilberto Avila, of Taylorsville, was charged Wednesday in 3rd District Court with murder and aggravated robbery, first-degree felonies; discharge of a firearm, a third-degree felony; and two counts of reckless endangerment, a class A misdemeanor.

On Oct. 24, at about 1 a.m., Avila went to a restaurant parking lot, 3122 S. 5600 West, allegedly to buy drugs, according to charging documents.

"The defendant went to IHOP under the guise of buying cocaine but apparently had no money for the purchase and produced a gun in an attempt to rob the victim," the charges state.

Abraham Martinez, 24, went to the restaurant with his girlfriend and their two children, ages 2 and 4. Martinez was in the backseat with the children when they were approached by Avila and two others who talked to Martinez through the back window.

"An argument ensued between the victim and the defendant. The defendant pulled out a gun and racked it. A witness told (Avila) that there were kids in the car, and they couldn't get into the car," the charges state.

Martinez's girlfriend, who was driving, heard Martinez say "over and over again, 'We have kids,'" according to the charges.

Another witness told investigators he saw Avila "point the gun in the face of the victim inside the car. The defendant then fired the gun, striking the victim," the charges state. "(Avila) shot his gun inside the vehicle, where two children were seated next to the victim."

As Martinez's car drove off, Avila fired a second round, hitting the rear driver's side door, according to the charges.

Later that morning, police detectives received a tip from someone who claimed they ran into Avila and that he was "freaking out" because he claimed "he tried to rob someone and a shot went off," the charges state.

One of the men with Avila at the restaurant that morning told police he suspected Avila was going to rob Martinez because he didn't have any money to pay for drugs, but "stated that he was never aware of any plan to shoot anyone and thought they were only going to buy cocaine," according to the charges.

Martinez was pronounced dead from a single gunshot wound to the head. Avila was arrested at a Taylorsville apartment with the assistance of a SWAT team.