Accused killer's trial resumes after day-long delay Wednesday

Judge says sick juror 'disabled'

SAN ANTONIO – After a brief courtroom conference among the lawyers involved in the murder trial of Joshua Gonzales and Judge Lori Valenzuela, Gonzales’ trial resumed Wednesday morning.

Valenzuela explained that a juror who did not show up Tuesday forcing a day long delay in the trial is “disabled’ due to medical issues. She ordered that the trial resume with 11 jurors.

RELATED: Missing juror delays murder trial

Gonzales’ lawyer said that to do so could be grounds for an appeal.

“This case should be a justification, and it should be a not guilty,” Alan Brown said. “But if an innocent person were convicted it certainly would be looked into.”

Brown claims this is a case of self-defense.

Gonzales and Matthew Bailey-Vo had been involved in a fist fight on the night of Feb. 2, 2014. Gonzales allegedly produced a gun and shot Bailey-Vo once in the head.

Prosecutors said that the men had been arguing over a woman with whom both had been romantically involved.

They said that there is no merit to Brown’s claim that his client fired in self-defense, noting that Gonzales had sent a cell phone text earlier that day to Bailey-Vo threatening to “shoot him in the head.”

They said that in his statement given to detectives the night of the shooting he made no mention of self-defense.

READ MORE: Murder trial begins for man accused of shooting man over a woman

Testimony is expected to continue on Thursday in Judge Valenzuela’s 437th District Court.

A conviction on murder charges could mean a life sentence for Gonzales.

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About the Author:

Paul Venema is a courthouse reporter for KSAT with more than 25 years experience in the role.