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Trial continues against man accused of killing off-duty Border Patrol agent

murder trial bp agent.jpg

Week two is underway as the jury returned to court to hear more testimony on the man accused of killing an off-duty Border Patrol agent.

On Monday, Judge Magdalia Lopez granted the defense an evidentiary hearing to give them the opportunity to prove that the evidence was mishandled and provide the Willacy County Sheriff’s Office to clarify what occurred.

This comes after former Willacy County Investigator Daniel Solis testified Thursday and was unable to explain if the evidence was secure and who else had access to the evidence room.

Willacy County Sheriff, Larry Spence, testified and explained that he was informed by Major Ernesto Garcia from the sheriff’s office that evidence from the capital murder case was not properly secured after finding it in Sgt. Solis's office.

Sheriff Spence then instructed Major Garcia to inform Willacy County District Attorney Annette Hinojosa.

But both Hinojosa and her Assistant District Attorney, Charles Mattingly, testified that they were never informed.

In the end, Lopez once again denied the request for a mistrial, explaining that the evidence in question is no different than the evidence already presented.

The jury returned and resumed listening to testimony.

The trial will continue on Tuesday morning.

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