Philip Patrick Foley II, a 40-year-old White man, was fatally shot in the early morning of September 9, 2023, outside the South Austin, Texas, nightclub where he worked. The shooting occurred around 2:24 a.m. at the Red Rose Cabaret, located on the 3600 block of South Congress Avenue.
The incident followed a disturbance inside the club involving Elliott García, then 41 years old. According to authorities, García assaulted a waitress, which led to a confrontation with other staff members and patrons. As a result of the altercation, club staff asked García to leave the premises.
García then waited outside the nightclub for a ride. A short time later, Foley, a staff member, came outside and spoke with him. Investigators reported that the conversation agitated García, who then pulled out a handgun and shot Foley.
After being struck by the gunfire, Foley was transported by emergency medical services to a local hospital, where he died from his injuries.
García fled the scene on foot immediately after the shooting. However, responding Austin Police Department officers located and detained him as he walked nearby. He was arrested and subsequently charged with first-degree murder. García was booked into the Travis County Jail on a $300,000 bond and was formally indicted for murder on December 2, 2023.
In December 2025, the case against Elliott García proceeded to trial. On December 11, 2025, a Travis County jury found him guilty of murder. The following day, December 12, the jury sentenced García to serve 30 years in the Texas Department of Criminal Justice.
