A Madison County man charged in the shooting death of his brother now faces first degree murder.
Daniel Ortiz Rubio (originally entered as Daniel Rubio Ortiz), 47, was arrested Dec. 12 following the shooting death of his brother, Aramis Ortiz, 44. According to testimony given during a bond hearing, Rubio and the victim had an argument regarding rent money Ortiz had paid to reside in the home Rubio rents with his wife at 2282 Thrift Road in Madison. Rubio had asked his brother to move out of the home and as a result, Ortiz wanted his rent money returned. Rubio’s wife testified that Ortiz was in his car leaving when the shooting occurred, but was yelling threats out of the car window. Further testimony alleged that Rubio shot three times in the air and twice at the back of the vehicle. Ortiz allegedly drove out of the driveway and down the road before dying and the car crashed. Preliminary evidence showed two bullet holes in the rear of the car with one bullet believed to have entered through the back of the car before entering and exiting the victim.
Rubio faces two charges—maliciously shooting at an occupied vehicle and voluntary manslaughter. Last week, Madison County Juvenile and Domestic Relations Judge Ronald Morris approved a motion by Madison County Commonwealth’s Attorney Clarissa Berry to amend the first of the two charges to maliciously shooting at an occupied vehicle resulting in a death in a willful, unlawful and premeditated murder. A person guilty of the charge is found to be guilty of first degree murder.
A second bond hearing was also held in the case. Once again, bond was denied. Rubio remains in custody at the Central Virginia Regional Jail. He has indicated he may wish to hire his own attorney. Currently, he is being represented by court appointed attorney Kirk Milam. A status hearing has been set for Jan. 12 to confirm counsel.