Plea deal or trial? Judge orders movement in capital murder case

Noah McGary was 19 when he was charged with capital murder

SAN ANTONIO – A Bexar County judge is ordering a resolution in a 2021 capital murder case.

Noah McGary was charged in 2021 with fatally shooting Hector Chavera, 20, at an apartment complex near Fair Oaks Ranch.

More than two years later, McGary has been waiting in the Bexar County Jail after more than 900 days and 17 trial settings.

On Monday, 226th District Court Judge Velia Meza said the case was now the court’s top priority.

“In the order of priorities, murder goes first, so Mr. McGary has top priority because he has been in custody,” Meza said.

Prosecutor Jeff Mulliner said both sides were discussing possible plea deals but that it took time to get everything approved and evaluated. Mulliner expected something to happen by Monday afternoon, but even then, he didn’t know if the defense would accept the offer.

Meza said she would give both sides until first thing Tuesday morning to tell her if there is a plea deal in place. If not, she will be calling a jury panel in to begin a trial.

If a trial does take place, it will be a non-death capital murder case, which means if McGary is found guilty he would automatically be sentenced to life in prison without the possibility of parole.



About the Authors

Erica Hernandez is an Emmy award-winning journalist with 15 years of experience in the broadcast news business. Erica has covered a wide array of stories all over Central and South Texas. She's currently the court reporter and cohost of the podcast Texas Crime Stories.

Misael started at KSAT-TV as a photojournalist in 1987.

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