This is an update to a story El Tejano first reported on October 9. https://www.eltejanorgv.com/guilty-in-the-killing-of-a-san-benito-officer-next-death-or-life-without-parole/

A jury in Cameron County is now deciding the fate of Rogelio Martinez Jr. He will get death or life in prison. Martinez is 21. A jury found him guilty of capital murder on October 8. He shot and killed San Benito Lt. Milton Resendez in 2023.

The defense rested Thursday morning. Closing words ended at 1 p.m. The jury began deliberating at 2:15 p.m. Jurors went home at 5 p.m. and are to return Friday morning. No verdict had been made public as of Thursday night.

The jury has two choices. One is death. The other is life with no chance of parole. The state wants death.

This part began Monday. The state went first. Jurors heard about his time in jail. A jail sergeant said Martinez kicked him in the leg. An investigator said he chipped a hole under his bunk. The defense said he never tried to escape, and the state rested Monday.

The defense began Tuesday. Its witnesses talked about his childhood. Aunts told of neglect and abuse at home. A doctor picked by the court looked at his records. They show more than 75 contacts with Child Protective Services, he said. Martinez went to 17 schools.

The doctor also said the brain keeps growing into a person's 20s. Martinez was 18 at the time. The doctor said nothing showed he was insane under the law.

One expert said years of trauma can change how a person thinks. She also agreed Martinez made a choice the day Resendez was killed. Another expert said he was not likely to be violent in prison.

On Wednesday, a woman who knew Martinez since he was 12 said he was respectful. DA Luis Saenz held up the gun used in the killing. They went back and forth.

On Thursday, Martinez's father took the stand. He is in prison. He said he was not there for his son. He said he is sorry and asked jurors to show compassion.

Then the officer's widow, Melissa, spoke. She said he loved his job. He adopted eight dogs. She still keeps his clothes in the closet.

Defense lawyer Ed Cyganiewicz told jurors the abuse is not an excuse. "We're just trying to show you why he is the way he is," he said. He also said, "Locking him up for life is justice."

Saenz said the defense made the case sound like "poor, poor Rogelio." He pointed at a photo of Resendez. "This is the victim, ladies and gentlemen," Saenz said. He said, "He is a threat to our society, he continues to be a threat to our society."

Resendez was 54. He was the first San Benito police officer killed on duty. He was shot on October 17, 2023. A chase began on South Padre Island. It went through Port Isabel and Brownsville. It reached San Benito, where he was shot.

Another man, Rodrigo Axel Espinosa Valdez, was charged too. He pleaded guilty to a lesser charge of murder. Martinez pleaded not guilty.

Court coverage lists other charges too. One is six counts of attempted capital murder of a peace officer. The other is two counts of evading arrest. Trial updates do not say what happens with them.

Everyone is presumed innocent until proved otherwise.