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BROWNSVILLE — State and defense attorneys rested their respective cases in the Rogelio Martinez death penalty trial Wednesday after jurors were shown an interview with the 21-year-old man accused of shooting and killing a San Benito police officer during a high speed car chase three years ago.
In that interview, the defendant takes ownership of the Oct. 17, 2023 shooting, but claimed he was just trying to scare away the police.
Martinez, 21, is on trial for capital murder in the death of San Benito police Lt. Milton Resendez, a 27-year veteran of the agency. The hourslong pursuit began on South Padre Island and extended to Brownsville before reaching San Benito, where Resendez was shot.
It’s unclear in the interview who opened fire first, whether it was a constable who was in pursuit on the Island or Martinez, who said he started shooting when he heard something hit one of the mirrors on the outside of the vehicle.
“I wasn’t even aiming,” Martinez said, later adding, “Just me that shot back.”
Martinez allegedly fired at multiple police officers during that chase and they shot back, including a Cameron County Precinct 1 constable who fired through the windshield of his patrol vehicle 29 times, according to evidence and testimony.
The chase then started up again after authorities honed in on their location and went from Brownsville to San Benito, and then back to Brownsville where the men were apprehended after the Texas Department of Public Safety performed a pit maneuver on their vehicle.
The interview with Martinez that was shown to jurors Wednesday was conducted by Texas Ranger Patrick O’Connor, who was the lead investigator in the case.
Martinez claimed to the investigator during the interview that he was trying to protect the children who were in the red GMC truck he was traveling in during the first part of the police chase on the Island. He was one of two men in the vehicle, along with two women and two small children who exited the GMC before the men fled.
When O’Connor asked why he shot at Resendez, when the chase reached San Benito, Martinez said, “just to make him go away.”
Also later in the interview, Martinez said he doesn’t remember shooting in San Benito and, at one point, added that he didn’t realize he was in San Benito. Martinez was completely sober for this entire ordeal.
He also told the investigators that they didn’t like law enforcement, referring to them using vulgar language, adding, “I was just f-ing pissed” when he was asked about shooting at law enforcement.
In all, seven patrol units were hit by gunfire.
Martinez is charged with capital murder of a peace officer and six counts of attempted capital murder of a peace officer as well as two counts of evading arrest.
If convicted, prosecutors will seek the death penalty.
Martinez was 18 at the time of the shooting and has pleaded not guilty.
His co-defendant, 26-year-old Mexican national Rodrigo Axel Espinosa Valdez, the driver of the GMC that day, previously pleaded guilty to a lesser charge of murder.
Jury deliberations will begin Thursday.
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‘Stay with us, Lt.’: Jurors see body cam footage just prior to San Benito cop’s death
Accused San Benito cop killer sees first day in death penalty trial