Capital murder charges dropped for one suspect in Tow homicide, could be revisited in the future
Kyler Nathaniel Allen, 22, of San Marcos, was one of two suspects arrested in connection to a 2023 Tow double-homicide. Burnet County Jail photo
On April 30, two capital murder charges were dropped in the case of Kyler Nathaniel Allen, 22, one of two suspects arrested in the 2023 Tow shooting deaths of a father and his son.
33rd/424th District Attorney Perry Thomas told DailyTrib that, based on current evidence in the case, he believed it was appropriate for the charges to be dropped. Potential for the capital murder charges to be refiled in the future will remain open due to the conditions of a plea deal taken by Allen on separate charges.
DA Thomas explained that Allen was on trial the same day for two separate charges of tampering with evidence – one related to the murder case and one not – and had taken a plea deal for them.
As part of the deal, Allen was rendered guilty on two counts of tampering with evidence and given two eight-year sentences to be served concurrently. Another condition of the deal permanently opened the door for the court to refile and reopen charges against him for his suspected role in the 2023 homicide.
“The agreement allows us to refile and charge Allen again for the capital murder charges or any offense that comes forward from (the murders),” DA Thomas told DailyTrib. “It does not preclude us from seeking those charges in the future.”
No exact timeline for the potential refiling of those charges was provided.
The second suspect
Nearly a month and a half ago, on March 26, a Llano County jury sentenced Jordan Eric Ostrander, 23, the second of the two suspects, to a total of 145 years in prison for two counts of murder.
The jury assessed a sentence of 75 years for the murder of 14-year-old Evan Wessling, and a sentence of 70 years for the murder of 38-year-old Preston Wessling. These sentences will run concurrently, which means that Ostrander will serve up to 75 years, as both sentences will be served at the same time.
Background
Ostrander and Allen were each charged with capital murder of multiple persons for their alleged involvement in the Jan. 14, 2023, shooting deaths of 38-year-old Preston Wessling and his 14-year-old son, Evan Wessling, at a home on Airport Road in Tow.
Llano County Sheriff’s Office deputies responded to a 911 call at 4:49 a.m. on Jan. 14 about multiple gunshot victims at a home on Airport Road in Tow. The father and son were found lying in the driveway with gunshot wounds and were declared dead at the scene.
Ostrander and Allen were arrested by Texas Rangers, Texas Department of Public Safety troopers, and Guadalupe County sheriff’s deputies two days later and were held in multiple county jails without bond while awaiting trial.