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How constable's killer got his gun

Feds accuse Tucson man of buying key gun part for Gavin Lee Stansell
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Posted at 2:32 PM, Sep 22, 2022
and last updated 2022-09-23 19:57:19-04

TUCSON, Ariz. (KGUN) — An apparent straw buyer bought a key gun component for the weapon used to kill Pima County Constable Deborah Martinez Garibay, an apartment manager and a man who had been visiting the Lind Commons Apartments on Thursday, Aug. 25.

Federal authorities charged 25-year-old Josue Lopez Quintana with lying about buying a lower receiver that was built into the rifle Gavin Lee Stansell used in the shooting. A lower receiver is a key part of a gun that includes the trigger group and other essential components.

Quintana said even though he was the official buyer of the receiver, he admitted he bought it as a favor for Stansell, who told him he was unable to buy the gun part because he had out of state ID.

People are often called 'straw buyers' if they buy a weapon or weapon components in their name when they are really buying for someone who can't legally buy a weapon on their own.

Following the shooting in Tucson, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) began an investigation into the acquisition of the firearm used by 24-year-old Stansell in the shooting.

Quintana falsely told federal agents at the time that his intention had been to build himself an "AR," a weapon similar to the common AR-15-style rifle.

But according to the criminal complaint filed against Quintana, ATF determined he purchased Stansell's firearm's lower receiver in November 2021 from a Federal Firearms Licensee (FFL) in Tucson. The form he filled out indicated that he was buying it for himself. He confirmed that as the truth when federal agents questioned him on Aug. 26, and stated that he later sold the part to "his friend Gavin in April or May," say the court documents.

However, when agents searched Quintana's phone messages, they found a conversation that contradicted that story. A text conversation between the two reveled that Stansell directed Quintana to purchase the part on Stansell's behalf on Nov. 22, 2021.

After the phone search, Quintana told agents that he had lied in order to "minimize his involvement," according to the court documents.

Quintana made his initial appearance Monday, Sept 19 before United States Magistrate Judge Eric J. Markovich. He has been charged by a criminal complaint for Making a False Statement to Law Enforcement during the investigation.

A conviction for Making a False Statement to Law Enforcement carries a maximum penalty of five years imprisonment, a $250,000 fine, or both.

A criminal complaint is nothing more than an allegation of criminal behavior, not evidence. An individual is presumed innocent until evidence establishing guilt beyond a reasonable doubt is presented to a jury.

The Tucson Police Department and Homeland Security Investigations are assisting the ATF with this investigation. The prosecution is being handled by the Financial Crimes and Public Corruption Section of the U.S. Attorney's Office for the District of Arizona, Tucson.

RELATED COVERAGE: Four dead, including constable, at Lind Commons Apartments while serving eviction notice

Friends of victims in Lind Commons shooting say gunman threatened them for months

Almost three months of threats before Constable killing

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Craig Smith is a reporter for KGUN 9. With more than 40 years of reporting in cities like Tampa, Houston and Austin, Craig has covered more than 40 Space Shuttle launches and covered historic hurricanes like Katrina, Ivan, Andrew and Hugo. Share your story ideas and important issues with Craig by emailing craig.smith@kgun9.com or by connecting on Facebook and Twitter.