SAN ANTONIO -- The night after restaurant owner Viola Barrios was killed, Joe Estrada was stopped by a police officer as he walked near his home.

That officer testified Tuesday during a hearing on pre-trial motions in the case.

Officer Holly Ripley said that Estrada, who is the victim's neighbor, cried and said, "I'm sorry I did it. I'm sorry I did it.”"

Estrada's lawyers want Ripley's testimony kept out when his capital murder trial begins, claiming he was not warned of his right to remain silent before he made the statement.

The lawyers also want testimony about a burglary in which Estrada was allegedly involved kept out for the same reason.

Another hearing on pre-trial motions has been scheduled for next Thursday.

There still has been no date or location set in Estrada's trial.

Judge Maria Teresa Herr earlier granted defense lawyers a change of venue in the case.