A judge stopped a San Antonio murder trial on day two. A video was missing. The defense never got it. The trial was for Devion Sommers, 23. He is accused of killing a 20-year-old man in 2023.

Judge Frank Castro declared a mistrial on Wednesday. A mistrial means the trial stops with no verdict. No one is found guilty. No one is found not guilty. The case is not over. Castro set a new trial for Feb. 8.

The defense asked for the mistrial. Lawyers said the state had not turned over a video. Prosecutors must share evidence with the defense. The video shows cops talking to a possible witness.

Prosecutors said they thought they had given it to the defense. They had not.

Sommers faces three charges. One is murder. One is tampering with evidence. One is unauthorized use of a vehicle. Murder in Texas is a first-degree felony. It can mean 5 to 99 years or life in prison. He has not been convicted.

The victim is Martin Jaquez Martinez. He was 20. He was found dead on Aug. 5, 2023. He had a gunshot wound to the head. He was in the 7000 block of Woodlake View.

Jurors heard opening statements on Tuesday. Those are not evidence. They are what each side says it will prove.

Prosecutor Jordan Brown told jurors that video helped police find Sommers. It came from a nearby middle school. Police found Martinez's Toyota Tacoma left at that school.

Brown said police searched Sommers' room. They found a pill bottle. It belonged to Martinez's sister. They found the truck's keys. They found several guns. Brown said one gun matched a shell casing found under Martinez's body.

Brown said police also found cellphones. He said the messages show a plan to meet. The place was where Martinez was killed. Brown said Sommers could not give a clear reason for the items in his room.

A man who lives nearby said he heard gunshots and tires squealing. That was the night before he found Martinez's body. The grassy area is across from his home.

Sommers was also charged in July 2026 in a home invasion case. Read that story here: https://www.eltejanorgv.com/san-antonio-home-invasion-suspect-wanted-after-slipping-out-on-bond/

The case now waits for the new trial in February. A new jury will hear it from the start. It will decide what happened.

Everyone is presumed innocent until proved otherwise.