EL PASO, Texas (KTSM) – Facundo Chavez was found guilty of capital murder on Aug. 3. The jury in his case deliberated for less than 30 minutes before they returned with their verdict.
Chavez was accused of killing Deputy Peter Herrera on March 22, 2019.
Judge Diana Navarrete instructed the jury to agree on all charges beyond a reasonable doubt before hearing opening statements from the state and the defense.
State prosecutor Michelle Hill said that Chavez committed capital murder by killing Herrera. She said that Herrera acted as a peace officer the night of his murder and followed protocol during the traffic stop.
“The only thing Herrera did wrong that night was underestimate the defendant,” said Hill.
The state replayed the body cam footage to the jury, and prosecutor William Dixon said to the jury,
“What you just saw was capital murder.”
During the defense’s closing statements, Leonard Morales told the jury that Chavez’s defense team understands that Herrera was killed by a firearm from the defendant. They wanted the jury to examine how Herrera crossed the line as law enforcement.
Morales said Herrera wasn’t acting lawfully when he pulled Chavez over and that Herrera could identify Arlene Pina and Chavez from a previous encounter.
The defense argued during their closing that Arlene’s DNA was likely on the gun that shot Herrera and that the jury is entitled to know why Chavez killed him beyond the state’s argument.
After both sides completed their arguments, Judge Navarrete directed the jury to the jury room, where they began their deliberations. After a short period of time, the jury returned with their guilty verdict.
The sentencing portion of the trial will begin at 9 a.m. on Aug. 5. The jury will decide between life in prison without parole or the death penalty.
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