A second lawsuit has been filed against a former Bexar County resident whose girlfriend and her two daughters were found shot to death in his home two years ago.
Carlos Montez Jr. of San Antonio, the father of Clark High School sophomore and cheerleader Alexa Denice Montez, 16, has sued Charles Edward Wheeler, 33, accusing him of gross negligence and seeking wrongful death, survival and exemplary damages of more than $1 million.
Alexa Montez was found dead with her mother, Nichol Leila Olsen, 37, and her sister, 10-year-old London Bribiescas, at Wheeler’s home in the Anaqua Springs Ranch subdivision near Leon Springs on the morning of Jan. 10, 2019. Wheeler called 911 around 9 a.m. to report the deaths.
He told investigators he’d left the previous night following an argument with Olsen and went to stay with his parents.
The Bexar County Medical Examiner’s Office ruled Olsen’s death a suicide and her daughters’ deaths as homicides, but the Bexar County Sheriff’s Office is still investigating. No criminal charges have been filed.
The suit, filed Jan. 11, is the second lawsuit attempting to blame Wheeler for the deaths by accusing him of allowing Olsen to get access to a gun he kept in a bedside table.
Wheeler sold the home and moved to Austin. His attorneys have said he had nothing to do with the deaths and have repeatedly called on Bexar County Sheriff Javier Salazar to publicly clear his name.
Wheeler has always declined to comment and requested privacy.
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An earlier lawsuit filed against Wheeler on Jan. 8 by Hector Bribiescas, the father of the younger girl, accused Wheeler of failing to protect the children or alert authorities as “Olsen’s behavior was escalating” when the couple argued that night. That lawsuit also seeks more than $1 million in damages
The latest lawsuit, like the first, accuses Wheeler of leaving his home without taking action to protect the children or call authorities while knowing there was an unsecured gun at the residence.
It cites Wheeler’s text messages to others, in which he claimed that Olsen was acting “really strange” and that she had “been on some kind of pills.” The suit contends that Wheeler admitted to leaving his $1 million home knowing that Olsen “was in a highly emotional state of mind from their argument” and knowing she had immediate access to his gun or guns. Wheeler routinely kept a loaded handgun beside the couple’s bed, it states.
“On the night of the incident in question, (Wheeler) knew that Nichol Olsen was acting irregularly and was not in the right state of mind,” the lawsuit states, referring to Wheeler’s communications with Olsen’s brother and with Alexa Montez, the plaintiff’s daughter.
“Wheeler knew Olsen’s behavior was escalating, was erratic and highly emotional and was potentially threatening and/or could lead to actual violence,” the lawsuit states.
The lawsuit claims Wheeler “knew or had reason to know that the girls were in trouble” and that he sent multiple text messages to Olsen’s brother, Justin Olsen, starting at 11:31 p.m. that night, which provided evidence of “an escalating situation and need to take reasonable measures.”
According to the lawsuit, Wheeler’s text messages asked Justin Olsen to check on his sister, stating she had been acting “really strange” and that she had been “on some kind of pills.” Justin Olsen responded, telling Wheeler that his sister didn’t answer his calls.
Whether Nichol Olsen was taking any medication hasn’t been publicly revealed. The autopsy and toxicology reports for her and her daughters haven’t been released because of the ongoing sheriff’s office investigation.
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Possibility: He does the murders around 11:15 after her 911 calls. 15 minutes later he texts her brother to stage the scene, make it look like she shot herself, and have an alibi. Then he leaves.
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