AUSTIN, Texas – Two people are in custody after shots were fired at an Austin police officer during a traffic stop early Thursday morning. 

  • Driver pulled over for traffic stop
  • Passenger fires shots at officer
  • Driver flees, but found by helicopter

According to Austin police, officers stopped a vehicle on 6900 Trendal Lane just before 1 a.m.

The Austin Police Department said two officers were patrolling in the area when they noticed a blacked out vehicle occupied by two men parked on the side of the road. The men ducked down in the vehicle when officers passed by, raising suspicion.  

When the officers made contact with the men in the vehicle, the smell of marijuana was present. Police said that the driver was removed from the vehicle and frisked for weapons. When the passenger was being removed from the vehicle to be frisked, he pulled a handgun from his waistband and shot at least one round over his shoulder. The gun discharged next to an officer's face. 

The driver, a juvenile, fled on foot during the commotion. He was later taken into custody. He is charged with retaliation, harassment of a public servant, evading on foot, possession of a criminal instrument, and failure to ID. Police said he additionally has a warrant for a probation violation. 

The passenger, identified by police as 18-year-old Damon Benavidez, was taken into custody and charged with aggravated assault on a peace officer and resisting arrest. 

The officer who was shot at sustained minor injuries. The other officer was unharmed.