UPDATE: Suspect from fatal shooting at Amtrak station in Tucson has initial court appearance

TUCSON, Ariz. (KOLD News 13) - One of the suspects in the fatal shooting of a Tucson officer earlier this week was in federal court Wednesday, Oct. 6 for his initial appearance.

Devonte Okeith Mathis appeared in court via Zoom wearing a jumpsuit and mask. His next appearance, a detention hearing, is slated for Oct. 21.

His lawyer requested that he have better access to his client, and Judge Leslie Bowman agreed. However, Mathis was deemed a flight risk and will stay in detention, Bowman ruled.

According to the federal documents, Mathis and a man identified as D.T. were on a train that stopped in Tucson around 8 a.m.

Tucson Police Chief Chris Magnus said members of the Pima County Counter Narcotics Alliance boarded the train to do a check for money, drugs and firearms.

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The agents, who were following up on a tip, had been provided a list of names, and both Mathis and D.T. were on that list.

A KOLD investigation has revealed Mathis has a recent criminal record out of Texas. According to the Rockwall County Sheriff’s Office, Mathis was arrested on May 24 on charges of marijuana possession and unlicensed carrying of a weapon. Mathis posted a $4,750 bond and was released the next day.

An agent said he saw Mathis get up and move several bags further away from himself. When asked about them, Mathis allegedly denied they were his.

Agents said the bags were searched and more than five pounds of marijuana and 50 3.5-gram bags of edibles were found.

DEA agents Mike Garbo and S. Fox returned to the train look for D.T. and were shot. Garbo died while Fox suffered critical injuries.

An officer with the Tucson Police Department was part of the task force. Magnus said that upon hearing the shots, the officer with the initials P.H. jumped on the train and was hit. He was transported to a local hospital and is expected to recover.

Mathis was detained as soon as the shots were fired. He is facing a charge of possession with the intent to distribute less than 50 kilograms of marijuana.

D.T. was shot and killed after firing at additional officers.

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