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BROWNSVILLE — Jurors deliberating whether a Brownsville man will be executed for the fatal shooting of a San Benito police officer were sent home just before 2 p.m. on Friday without reaching a sentencing verdict.
So far, the jury has deliberated for nearly seven hours to determine the fate of 21-year-old Rogelio Martinez Jr., who was convicted of capital murder of a peace officer on Oct. 8.
Martinez shot and killed Resendez on Oct. 17, 2023, following an hourslong police chase and manhunt for Martinez and 26-year-old Mexican national Rodrigo Axel Espinosa Valdez that started after a traffic stop for speeding on a South Padre Island beach.
The pursuit escalated as the men fled to Brownsville with Martinez, firing at police with an AR-style rifle and handguns before eluding authorities who then began tracking down the men.
Later that day, the chase began again after the Texas Department of Public Safety found the men as they ran from authorities in the pursuit that headed to San Benito. As the chase began, so did the shooting.
Martinez was convicted of shooting Resendez, who was trying to get out of his way, in San Benito. They then fled back to Brownsville where DPS was able to disable the vehicle and took the men into custody.
Espinosa Valdez previously pleaded guilty to a lesser charge of murder and is scheduled to be sentenced before a jury on Nov. 30, court records show.
Martinez’s trial has been long. It started on Aug. 11 with jury selection, which was completed after approximately five weeks on Sept. 22. The guilt and innocence phase of the trial began on Oct. 5 and testimony lasted just three days. Jurors took a little more than three hours to convict the man.
The punishment phase of the trial started on Monday with prosecutors resting their case that same day. The defense rested Thursday morning following three days of witness testimony that centered on Martinez’s childhood, which included neglect, abuse and sexual abuse during his upbringing.
Defense attorneys are trying to convince that due to those mitigating issues Martinez should spend the rest of his life in prison without parole. Prosecutors argue many other people experience such childhoods and do not resort to violence and shooting at police and killing an officer.
Prosecutors are seeking the death penalty.
The jury will return to deliberate on Monday morning.