A 43-year-old Wyoming man is expected to face upgraded murder charges after allegedly shooting a woman in the head at close range during a violent confrontation earlier this month. Authorities say Javier Abeyta shot 37-year-old Marissa Allen on October 9 at a home in Gillette. Allen was flown to UCHealth Medical Center of the Rockies in Colorado, where doctors declared her brain dead three days later.
According to a police affidavit, witnesses described Abeyta as paranoid and agitated in the hours before the shooting. His sister told investigators that he had tried to shoot another man, identified only as M.C., but the gun misfired. When Allen attempted to take the gun away, Abeyta allegedly turned it on her and fired.
Officers responding to the scene said Abeyta immediately admitted to the shooting. “I just shot her,” he reportedly told police as he dropped his weapon. Investigators believe he may have been under the influence of methamphetamine at the time, as per Cowboy State Daily.
Abeyta appeared in Circuit Court this week before Judge Greg Steward. He is charged with two counts of attempted second-degree murder and one count of aggravated assault, though prosecutors expect one charge to be upgraded. “This will probably get upgraded to an actual murder,” said Daniel Reade of the Campbell County Attorney’s Office.
Reade told the court that the case against Abeyta is strong, citing multiple eyewitnesses, physical evidence, and the suspect’s own statements. Abeyta’s bond was set at $1 million cash or surety. His attorney, J. Craig Abraham, argued that the allegations remain unproven, saying, “It’s easy to make an allegation; it’s a different thing to prove it.”
Court documents detail a chaotic scene before the shooting. Witnesses said Abeyta had been behaving erratically throughout the day, accusing friends and family of plotting against him. Earlier, his sister had taken him to a hospital for dehydration, but he returned home still acting paranoid.
That afternoon, Allen and another friend arrived at the home. As the group gathered in the garage to play darts, Abeyta allegedly pointed a handgun at M.C.’s head before turning it on Allen during a struggle. Neighbors later reported hearing shouting and a gunshot.
Police recovered a 9mm Hi-Point pistol, a spent shell casing, and a bullet hole in the garage wall. Investigators found no evidence suggesting self-defense. Abeyta remains in custody pending formal charges. Prosecutors say the case underscores the danger of drug-fueled violence and the tragic toll it can take on families and communities.