The Lubbock Grand Jury felt there was enough evidence to indict Richard Lovato on a burglary of habitation charge, on Tuesday.
Lovato and Fermin Martinez Junior are accused of a breaking into a home in the 4800 Block of 45th Street July 28th. The homeowner, retired Lubbock Police Lieutenant James Kimber came home and shot both men. Martinez was killed and Lovato was shot in the leg.
Former Cop Opens Fire on Suspected Burglars
The incident started when James Kimber came home just after noon to find his garage door slightly open. The events that took place over the next couple of minutes would be life-altering for the two burglars.