SAN ANTONIO – Prosecutors have opted to proceed with a trial on escape charges rather than to retry Luis Antonio Arroyo on capital murder charges.
Arroyo's trial for capital murder ended in a mistrial on July 26, 2018, after the jury announced it was deadlocked following two days of deliberation.
Arroyo is accused of killing two people in 2011 during an argument over a package of cigarettes.
In March of 2018, while he was awaiting trial on the capital murder charges, Arroyo joined two other inmates in a bold escape from the Bexar County Jail, prosecutors said. All three were captured at a fast-food restaurant just hours after the escape.
"We are not conceding his guilt, and we're going to fight the guilty, innocence of this escape issue," said Joel Perez, Arroyo's attorney.
Perez admitted that his defense team will have an uphill battle, since the jury that was selected last week is aware of the pending capital murder case.
"It's in the indictment, that he was indicted for capital murder, so it might prejudice the jury unfairly against Mr. Arroyo," Perez said.
Testimony is scheduled to begin Tuesday in the 227th District Court.