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BROWNSVILLE — Prosecutors and defense attorneys are working out the final details as the 404th state District Court prepares to hold jury selection in the death penalty trial of 20-year-old Brownsville resident Rogelio Martinez.
Martinez, who was 18 at the time of the fatal shooting of San Benito Police Department Lt. Milton Resendez, 54, has pleaded not guilty to a charge of capital murder of a peace officer, six counts of attempted capital murder of a peace officer and two counts of evading arrest.
Should he be convicted of capital murder of a peace officer, prosecutors will seek the death penalty.
His co-defendant, Rodrigo Axel Espinosa Valdez, a 26-year-old Mexican national, previously pleaded guilty to a lesser charge of murder.
He is expected to testify at Martinez’s trial and is currently scheduled for sentencing in late August, though that date is likely to change due to what is anticipated to be a lengthy trial.
On Monday, state District Judge Ricardo Adobbati said that 450 jurors have been summoned to court on Aug. 11. Thus far, the judge said he has received 10 to 15 juror excuses.
During the hearing, prosecutors indicated the juror questionnaire used in picking the jury was 95% done. They planned to hash out any remaining disagreements holding up its completion on Monday afternoon.
Adobbati stressed to both sides that he wants everything tied up so jury selection next week goes smoothly.
“My goal is we start things up as soon as we can,” he said.
A jury will not be picked on Aug. 11 and the jury selection process could take several weeks.
Adobbati also barred media access to individual interviews with potential jurors during the selection processed, but allowed access to the initial part of the process that doesn’t include those individual interviews.
Martinez is accused of shooting and killing Resendez — a 27-year veteran of the San Benito Police Department — on Oct. 17, 2023 following an hourslong police chase that began on South Padre Island, continued to Brownsville and then to San Benito, where Resendez was shot and killed. The chase headed back to Brownsville where both men were arrested.
Shots were fired throughout the duration of the chase.
Martinez is the alleged shooter while Espinosa Valdez was driving the vehicle.
Espinosa Valdez remains jailed on $2 million in bonds in the Cameron County Carrizales-Rucker Detention Center while Martinez is being held without bond, records show.