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BROWNSVILLE — Jurors who are deciding the case of a 21-year-old Brownsville man of fatally shooting a San Benito police officer following an hourslong pursuit three years ago began deliberating at 11:10 a.m. Thursday.
The deliberations come on the fourth day of testimony in the trial of Rogelio Martinez, who is charged with capital murder of a peace officer.
He has pleaded not guilty.
Should he be convicted, prosecutors are seeking the death penalty.
Martinez is accused of killing San Benito police Lt. Milton Resendez on Oct. 17, 2023, following a chase that extended from South Padre Island to Brownsville to San Benito. Resendez, a 27-year veteran of the agency, was shot in San Benito.
His co-defendant, 26-year-old Mexican national Rodrigo Axel Espinosa Valdez, previously pleaded guilty to a lesser charge of murder.
During closings, prosecutors laid out the case against Martinez saying the evidence shows Martinez fired the fatal shot and was the passenger in the vehicle being pursued by police in San Benito that night.
Furthermore, testimony from several law enforcement officers and dash cam footage and aerial surveillance during the second chase taken by a DPS pilot prove he was the passenger, not the driver.
On Wednesday, Texas Ranger Patrick O’Connor also testified that investigators determined it’s not physically possible for the driver’s window in that vehicle to go down.
Therefore, if the co-defendant, driver Espinosa Valdez, had fired, there would be bullet holes in the driver side window.
There weren’t.
Prosecutors also pointed out that the murder weapon, a 9mm handgun, matched the six bullet casings found on Sam Houston Boulevard at the scene of the shooting.
Forensic pathologist Elizabeth Miller also recovered the bullet from Resendez’s body and that bullet also matched the 9mm handgun, which was found on the passenger side of the vehicle where Martinez admitted to shooting from.
Prosecutors also pointed out Martinez’s own words during his interrogation after his arrest with O’Connor where he confessed to being the shooter.
Prosecutors said he made a conscious decision to pull the trigger while the vehicle he was in passed 10 to 12 feet from Resendez.
Martinez was angry that day, prosecutors said. He was angry the cops were trying to stop him and he made a decision to fire that weapon.
“This man has had a hatred of police officers for years,” prosecutor Greg Davis said.
Defense attorneys, however, said the state is trying to explain away why Martinez’s DNA was not found on the murder weapon.
“DNA does not lie,” Rigo Flores said.
Flores also pointed out it’s unknown what happened in the vehicle between Martinez and Espinosa Valdez because the state didn’t call the co-defendant to the stand even though they cut a deal with him and he was expected to testify.
“We still do not know what was happening in that expedition when the shots were fired,” Flores said.
His other attorney, Ed Cyganiewicz, said even if his client was the shooter, he only shot because he wanted the police to back off during the chase.
“He should not have shot. It was a horrible mistake,” Cyganiewicz said.
Cyganiewicz urged jurors to consider lesser charges of murder and manslaughter.
The attorney also pointed out the co-defendent, Espinosa Valdez, had a warrant for gun smuggling into Mexico and the murder weapon was found in his pouch in his vehicle, in addition to the co-defendant’s DNA being on the murder weapon.
Cameron County District Attorney Luis V. Saenz finished closing arguments for the state of Texas, telling jurors Resendez’s last words were, “I’m hit.”
Saenz said Martinez shot because he hates cops.
Despite objections from the defense, Saenz said he’s just going to say the quiet part loud.
“He is cartel,” Saenz said.
As for the co-defendant, Saenz said he manned up and pleaded guilty.
He told jurors that Espinosa Valdez is going to be sentenced by a jury and he faces up to 5 to 99 to life in prison.
Furthermore, Saenz told jurors the defense wants them to consider manslaughter, which is 2 to 20 years — he wants mercy.
What mercy was shown to Resendez, Saenz questioned.
“You hit somebody, you killed somebody … you are a coward,” Saenz said while addressing Martinez.
Saenz said the only reason Martinez stopped shooting is because he ran out of ammunition.
Saenz asked jurors to stand up for Resendez “and send a message to this coward and others like him.”
That message, Saenz said, is to stay out of Cameron County because prosecutors will hold people who shoot and kill cops accountable, and they will pay the price.
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