SAN ANTONIO – Last summer, the capital murder trial of Luis Arroyo, 42, ended with a hung jury.
As jury selection was to begin Monday in the retrial of the case, prosecutors amended the indictment reducing the charge from capital murder to murder.
While awaiting trial in the capital murder case in 2018, Arroyo and two other inmates escaped from the Bexar County Jail.
Arroyo was eventually captured, tried, convicted and sentenced to 99 years in prison. He will be eligible for parole in 15 years.
Citing concerns over parole eligibility, prosecutors amended the indictment.
"If we retry a case which has stronger parole laws, such as murder, then Luis Arroyo is not eligible until he serves one half of the time," prosecutor Lorina Rummel said.
A murder conviction could mean a maximum of life in prison.
Since life in prison, for parole considerations, is considered to be 60 years, Arroyo would not be eligible for parole until he had served 30 years in prison.
"It’s all about keeping the community safe from this individual and that is what we need to do in this type of case," Rummel said. "He is dangerous and needs to remain behind bars."
Jury selection in the double murder case is expected to begin on Tuesday with testimony set to get underway on Wednesday.