PRESS Staff Report
A Cameron County judge has denied a defense request to suppress cell phone location evidence in the capital murder case against Rogelio Martinez Jr., who is accused in the 2023 fatal shooting of San Benito Police Lt. Milton G. Resendez.
Martinez is charged with capital murder of a peace officer in connection with Resendez’s death during a multi-agency pursuit that began on South Padre Island on Oct. 17, 2023. Prosecutors are seeking the death penalty, and his trial is scheduled to begin Aug. 10.
In late June, defense attorneys argued that cell phone location evidence obtained during the investigation violated Martinez’s Fourth Amendment rights and should be excluded from trial. The court denied the motion.
According to court records, the pursuit began after Cameron County Park Rangers attempted to stop a GMC pickup truck for allegedly speeding on the beach at South Padre Island. Authorities say the truck was occupied by Martinez, Rodrigo Axel Espinoza Valdez, two women and two children.
Investigators allege that after the women and children were left behind, officers asked one of the women to call Martinez’s cell phone. Court records state that the person who answered said Martinez was hiding. During a later call, the caller allegedly said Martinez planned to flee to Mexico to avoid capture.
Court documents state investigators consulted with Cameron County Assistant District Attorney Eduardo Sandoval about obtaining a geo-location tracking order under what authorities considered exigent circumstances. Sandoval determined the legal standard had been met and gave verbal authorization to proceed, according to the records.
Defense attorneys argued the warrantless acquisition of the phone’s location data was unconstitutional. The judge disagreed and ruled the evidence may be used at trial.
Martinez has pleaded not guilty to all charges.
Rodrigo Axel Espinoza Valdez, the second defendant charged in the case, previously pleaded guilty to the lesser charge of murder. According to court records, he is scheduled to be sentenced Aug. 24, 2026.
Martinez, who was 18 at the time of the incident, and Espinoza Valdez, then 23, were indicted in December 2023 on charges including capital murder of a peace officer. Prosecutors allege the pair also fired at multiple officers during the pursuit, resulting in