Nightclub Shooting in Austin Claims Life, Suspect in Custody for Murder

In the early hours of Saturday, September 9, 2023, at approximately 2:24 a.m., the Austin Police Department (APD) received a distress call reporting a shooting incident at the Red Rose Cabaret Nightclub, situated at 3615 South Congress Avenue. The caller informed authorities that a shooting had occurred, resulting in one person being injured, and that the suspected shooter had fled the scene.

Promptly responding to the emergency, APD officers swiftly detained the suspect, identified as Elliot Garcia, 41, who was apprehended as he was walking in the vicinity of the nightclub.

Upon arrival at the scene, both the Austin Police Department and Austin-Travis County Emergency Medical Services (ATCEMS) discovered the victim, identified as Philip Foley, 40, on the ground with an apparent gunshot wound. Foley was immediately transported to a local hospital for medical treatment. Tragically, despite medical intervention, Philip Foley succumbed to his injuries and was pronounced dead at the hospital.

In the subsequent investigation, detectives and Crime Scene Specialists were dispatched to the scene to gather evidence and conduct interviews. Preliminary findings indicated that Elliot Garcia had been involved in a heated altercation with nightclub staff just minutes before the shooting occurred. In response to the altercation, the nightclub staff had asked Garcia to leave the establishment.

Garcia, having exited the premises, was confronted by Philip Foley, leading to further tensions. Subsequently, Garcia produced a handgun and discharged it, striking Foley. After committing the act, Garcia swiftly fled the scene but was later apprehended by the Austin Police Department.

Elliot Garcia now faces serious charges, as he has been booked into the Travis County Jail on charges of First Degree Murder, pending further legal proceedings.

Anyone with any information is asked to contact the Austin Police Department at 512-974-TIPS. You may submit your tip anonymously through the Capital Area Crime Stoppers Program by visiting austincrimestoppers.org or by calling 512-472-8477.

This case is being investigated as Austin’s 43rd homicide of 2023.