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Fatal Shooting at Austin Nightclub Leads to Arrest for First Degree Murder

Booking photo of Elliott Garcia

On Saturday, September 9, 2023 at approximately 2:24 a.m., Austin Police Department (APD) officers responded to a call reporting a shooting at the Red Rose Cabaret Nightclub located at 3615 South Congress Avenue. The caller reported that one person was shot, and the suspect had left the scene. APD officers detained the suspect, 41-year-old Elliot Garcia, as he was walking nearby.

APD and Austin-Travis County Emergency Medical Services (ATCEMS) arrived at the scene and located the victim, 40-year-old Philip Foley, on the ground with an apparent gunshot wound. ATCEMS transported Foley to a local hospital, where he later died.

Detectives and Crime Scene Specialists responded to process the scene. Investigators determined that Garcia was in an altercation with staff members minutes before the shooting, so staff asked him to leave the business. Garcia was waiting outside for a ride when Foley spoke to him, which agitated Garcia. Garcia pulled out a handgun and shot Foley. Garcia then fled the scene before he was apprehended by APD.

Garcia was booked in to the Travis County Jail for First Degree Murder.

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 or by calling 512-472-8477.

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


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