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BROWNSVILLE — Opening arguments got underway here Monday during the sentencing phase in the trial of a 21-year-old man accused of shooting and killing a San Benito police officer during a high speed car chase three years ago.
Rogelio Martinez was found guilty of capital murder in the death of San Benito police Lt. Milton Resendez on Oct. 8, which took the jury three hours and 15 minutes of deliberations to hand down the verdict.
Prosecutors are seeking the death penalty.
The charge stems from the fatal shooting of Resendez following an hourslong pursuit on Oct. 17, 2023 that began on South Padre Island and continued to Brownsville and then to San Benito, where the 27-year veteran of the San Benito Police Department was shot.
Martinez’s co-defendant, 26-year-old Mexican national Rodrigo Axel Espinosa Valdez, previously pleaded guilty to a lesser charge of murder. Martinez had pleaded not guilty.
During opening arguments, Cameron County District Attorney Luis V. Saenz reminded jurors that less than 48 hours ago Melissa Resendez, the San Benito police chief, family, friends and community got together to honor and pay tribute to the fallen officer on the third anniversary of his fatal shooting.
“This man right here set himself as a one man jury,” Saenz said, saying Martinez decided Resendez was going to die. “Where was the due process?”
Saenz then told the jury that the state will ask them to sentence Martinez to death.
“They hunted him down,” Saenz said, referring to how Resendez tried to get out of the way during the chase and how the defendants crossed multiple lanes of traffic toward the officer before shooting.
Saenz said they crossed those lanes to get the best shot.
“That tells you the kind of person that he is. That he is evil,” Saenz said.
The district attorney said jurors will also hear extensive evidence of Martinez’s juvenile criminal history and evidence of his conduct in jail.
“His character is that he has no remorse. He has no empathy … his character is bad,” Saenz said.
Defense Attorney Rigo Flores told jurors they accept and respect their verdict while offering their deepest condolences to Resendez’s family.
“This is a tragedy that never should have happened,” Flores said.
The defense attorney said that the jurors are not sentencing an act from that day.
“You’re sentencing Rogelio. You’re sentencing a person,” Flores said.
Flores asked jurors to consider Martinez’s life circumstances and background.
He described Martinez’s life as terribly tragic.
Flores told jurors they’re going to hear from numerous witnesses and experts that will show there is sufficient mitigation for Martinez to serve life in prison without parole.
This is a developing story.