On September 9, 2023, at approximately 2:20 a.m., 40-year-old Philip Patrick Foley II was fatally shot outside the Red Rose Cabaret, a nightclub located in the 3600 block of South Congress Avenue in Austin, Texas. The incident followed an altercation inside the club involving the suspect, 41-year-old Elliot Aaron Garcia.
According to witness accounts, Garcia became involved in a dispute with a server while settling his tab, during which he allegedly shoved the server.
A male patron intervened, restraining Garcia in a headlock before security personnel separated the individuals and escorted Garcia out of the establishment. Approximately 15 minutes later, as Garcia waited outside, purportedly for an Uber, Foley exited the club and engaged in a verbal exchange with him. During this interaction, Garcia retrieved a pistol from an ankle holster and fired a single shot at Foley, striking him in the abdomen. Despite immediate medical attention, Foley succumbed to his injuries at a local hospital.
Law enforcement officers responding to the scene apprehended Garcia nearby, matching the description provided by witnesses. He was arrested without incident and subsequently charged with first-degree murder. Garcia was booked into the Travis County Jail with bond set at $300,000.
Foley, originally from Portland, Maine, was a graduate of Oxford Hills High School and had established a successful career in road construction as an owner/operator. He was known for his intelligence, humor, and generosity, often sharing his quick wit and lending a hand to others. Foley is survived by his partner, Alycia, their son, Braden, and other family members who remember him fondly for his dedication to family and his adventurous spirit.
The tragic incident has prompted discussions about nightclub security measures and the handling of altercations involving patrons. As the legal process unfolds, Foley's family and the Austin community continue to mourn his untimely passing, seeking justice and reflecting on the circumstances that led to this loss.
