El Paso Uber driver murder suspect’s attorney argues fatal shooting was self-defense

As a distraught Phoebe Copas exited the back seat of her Uber car, she dropped everything she was holding. A brown and silver revolver fell to the pavement on a heavily traveled highway near the U.S.-Mexico border.

Copas, visiting from Kentucky, was comforted by her boyfriend. An El Paso police officer rendered first aid to El Pasoan Daniel Piedra Garcia, who was slumped over in the front seat of his grey Nissan Maxima with a gunshot wound to the back, right side of his head that was “bleeding profusely.”

Around 2:20 that afternoon, Copas had hired Piedra, a gig driver, to take her to the Speaking Rock Entertainment Center. Midway through the trip, the Uber ride ended in gunfire and a crash. Garcia was traveling on the highway that leads to the casino, but Copas told police she feared she was being kidnapped to Mexico.

“(Copas) observed traffic signs that showed the words ‘Juárez, Mexico’ which led her to believe (Piedra) was attempting to kidnap her and drive her into Juárez, Mexico,” El Paso police Det. L. Loera Jr. wrote in his complaint affidavit.

The murder case, which has run into several delays because of Copas’ health, spotlights the dangers ride-sharing drivers and passengers can suddenly face. The case is scheduled to move forward in December, but it is likely another delay could push the murder trial into early 2025.

Matthew James Kozik, Copas’ attorney, sat down with the El Paso Times to discuss the events leading to the shooting and key evidence against his client — evidence he said shows his 50-year-old client was acting in self-defense.

“She didn’t just point the gun and shoot him,” he said. “That is not what happened. She told him she didn’t want to go to Juárez. She tried to escape for several minutes. She just wanted to get out of the car. She feared for her life.”

More: Medical issues could delay murder trial of woman accused of killing El Paso Uber driver

Copas is facing one count of murder in connection with Piedra’s death. She is facing life in prison if convicted.

Piedra’s family could not immediately be reached for comment. His niece Didi Lopez told the El Paso Times in 2023 that her uncle was a hard worker who worked as an Uber driver to support his family.

“We want justice,” Lopez said. “It wasn’t fair that that’s how the situation played out. I wish she would’ve spoken up, asked questions, not acted on impulse and make a reckless decision because not only did she ruin our lives, but she ruined her life, too.”

But Kozik insists a deeper dig into the evidence has revealed the driver communicated with Copas, and the conversation escalated her fear she was being kidnapped.

During a June 29, 2023 hearing, El Paso County District Attorney’s Office prosecutor Shantal Ortega said no facts in the case proved Copas was being kidnapped.

“Simply because this is a border city and there may be signs showing miles away from some port of entry, it is unreasonable that she wouldn’t have come across that before as she was in a border city she had been to before,” Ortega argued.

El Paso District Attorney Bill Hicks declined to discuss the evidence in the case, saying talking about it weeks before going to trial would be a “violation of professional rules of conduct.”

Hicks spoke generally about Copas’ argument she was acting in self-defense.

“(Kidnapping) has been her claim from the very beginning,” he said. “She called an Uber, the path that he was going, everything that was happening that (afternoon) does not give rise to a reasonable person’s belief that they were being kidnapped.”

Copas’ actions were “very unreasonable,” Hicks said.

“El Paso is a safe community,” he said. “And to have someone react the way she did, I think highlights a misconception about El Paso being dangerous.

“And that’s why it’s so important that we stand up for not just this Uber driver, not just this family, but for our community to say to El Paso, to the state, and to our country that El Paso is a safe community and behavior that reacts any other way is not acceptable.”

Copas claims Piedra said he was taking her to Juárez fair

On the trip to the casino, Copas claims Piedra told her he was taking her to a fair in Juárez. She replied she did not want to go to the fair, but Piedra sped up and ignored her pleas to be let out of the car, Kozik said.

“She asked for him to stop the vehicle. She attempted to open the doors, but the doors were locked,” Kozik said. “She tried to do everything anybody would expect someone to do before an escalation of force. He wouldn’t, and then she finally pulled out the weapon and she begged for him to just pull over the vehicle.

“He turned around and said, ‘I’m going to take you.  We’re going to Juárez.’ and he sped up the car.”

The criminal complaint affidavit makes no mention of Copas’ account of Piedra stating he was taking her to Juárez. It only includes that Copas told the officers she saw a traffic sign saying “Juárez, Mexico.”

But Zozik argues the affidavit isn’t accurate.

“Saying she saw Ciudad Juárez, so she killed him is literally a figment of law enforcement’s imagination,” Kozik said.

A review of police body cameras and an interrogation of Copas shows she never once mentioned the road signs to the initial officer on the scene or during her interview with officers, he said. Kozik said the first officer told another officer about the road signs; from there, the story spread between officers and was included in the affidavit.

More: Uber driver dies after being shot on US 54; woman now charged with murder

“She never mentioned she saw signs of Juárez,” Kozik said. “She never says she saw a sign of Juárez and then shot him. She says yes during her interview when asked if she saw signs of Juárez, but she also says she saw signs saying Fort Bliss.

“I think a 100% accurate statement is to say Ms. Copas never said she saw a sign of Juárez; therefore, she believed she was being kidnapped. It appears law enforcement stated that at the scene.”

Video footage from the day of the shooting shows Copas crying, praying and asking officers if Piedra was dead as she sat in the back of a patrol unit.

“She gets into the back of the vehicle and she is saying, ‘Jesus. I’m sorry. Oh God. Oh God. Oh God. Oh Lord. Jesus. Sir, is he dead?’,” Kozik said. “She repeatedly asks if he is dead. Is this some racial motivated attack? Doesn’t seem like it from how she is reacting and from all the evidence in the case.”

More: Uber driver dies after being shot on US 54; woman now charged with murder

Copas allegedly took a photo of Piedra after he was shot and sent it to her boyfriend via text message before calling 911. Copas took the photo because she called her boyfriend for help and he thought she was joking, Kozik said.

Razor blades, crowbar and unusual route taken to Speaking Rock

Police found razor blades and a crowbar within reaching distance of Piedra, adding credibility to Copas’ fears of being kidnapped, Kozik said.

“I can’t speak for everyone, but everyone I know doesn’t carry razor blades on their or near their steering wheel,” Kozik said. “I’ve never heard of or know anyone that does that. Razor blades and a crowbar, which was also found by Piedras, are weapons. These are weapons that could be used to commit a crime. These aren’t accusations. These items were found in the car.”

The affidavit states, “the roadway (Copas) was traveling on is a normal route to drive to the destination requested by (Copas).”

Kozik countered Uber driver data, which shows Piedra took an unusual route to get to Speaking Rock, including driving through neighborhoods a normal person would not take if they were driving to the casino.

“All of this adds up to show this was not a normal Uber ride,” Kozik said.

Crimes against ride-share drivers increases

The number of crimes committed against drivers for Uber, Lyft and DoorDash and other ride-sharing companies has continued to increase, according to statistics from Gig Workers Rising, an advocacy group created to support app-based workers like Uber drivers.

The organization reported at least 50 ride-share drivers were killed between 2017 to 2021. In 2022, there were 31 drivers killed, and many more were injured, assaulted, and harassed, the organization stated in a 2023 “Murdered Behind The Wheel: An Escalating Crisis for App Drivers” report. The incident involved verbal abuse, harassment, physical assaults, carjackings, and other violent acts. Most of the drivers assaulted were minorities.

Uber reported 36 fatalities involving their drivers in 2021-2022. The report states that 61% of fatalities were drivers using the Uber app, and 39% were riders. The suspects in nearly half of all fatalities reported to Uber were committed by someone other than the driver or passenger, Uber reported.

Murder trial could start in December

The trial date for Copas has been pushed back several times. Copas was set to go to trial Monday, Nov. 18, but it was pushed back to Monday, Dec. 9, Kozik said. A final pretrial hearing is set for Dec. 3.

The trial will be held in the 120th District Court at the Enrique Moreno County Courthouse in Downtown El Paso. Judge Maria Salas-Mendoza is set to preside over the trial.

The Dec. 9 trial date depends on several factors, including Copas’ health and Kozik’s waiting for more evidence to be turned over by the El Paso District Attorney’s Office.

More: Woman accused of fatally shooting El Paso Uber driver granted split bond

Copas is suffering from serious health conditions, including heart failure, kidney complications and repeated spells of being found unconscious due to medical complications, Kozik said. Copas was found unconscious as recently as two weeks ago, Kozik said.

Copas is out on bond and living in Kentucky. She is awaiting a doctor’s approval to travel to El Paso for the trial. If the doctor does not allow her to travel, the trial could be pushed back until early 2025.

Kozik is also still waiting on the district attorney’s office to turn over key evidence, including text messages sent between officers discussing the case, and a chance for him to inspect Piedra’s car, along with the crowbar and razors found in it.

Hicks countered his office has made all efforts to make sure Kozik has access to all the evidence to review at the district attorney’s office or at the El Paso Police Department.

He is confident the trial will begin Dec. 9, Hicks said.

“The judge has not waived her presence, so she has to be present for both the final pretrial hearing and the jury trial setting,” Hicks said. “We are very confident in our case. We are prepared to go to trial. We are looking forward to getting this case accomplished for the victims of the case and for our community. We’re confident that the jury will eventually come back with a verdict of guilty.”

Aaron Martinez may be reached at amartinez1@elpasotimes.com or on Twitter @AMartinezEPT.

This article originally appeared on El Paso Times: Attorney: Evidence shows El Paso Uber driver shooting was self-defense

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