This week, Bexar County Grand Juries handed down 305 felony indictments.
Gary Clark, Deymont Franklin and Jamari Nickerson are charged in separate indictments with murder. Each indictment alleges that on Sep. 30, 2021, Clark, Franklin and Nickerson committed or attempted to commit the felony offense of robbery, and while in the course of or in the attempted commission of this offense, Clark, Franklin and Nickerson committed an act clearly dangerous to human life, to-wit: shooting Julian Angelo with a deadly weapon (firearm), thereby causing the death of Angelo. The Criminal Trial Division is prosecuting these cases in the 437th District Court. Murder is a first degree felony punishable by 5 to 99 years or life in prison and a possible fine of up to $10,000.
Michael Hinojosa is charged with murder. The indictment alleges that on Nov. 11, 2021, Hinojosa intentionally and knowingly caused the death of Daniel Flores by shooting Flores with a deadly weapon (firearm). The Criminal Trial Division is prosecuting this case in the 187th District Court. Murder is a first degree felony punishable by 5 to 99 years or life in prison and a possible fine of up to $10,000.
Erik Jesus Martinez and Valerie Diaz are charged in three separate indictments.
Erik Martinez:
- Endangering/abandoning a child exposing risk of bodily injury: Counts 1-3 allege that on Dec. 21, 2021, Martinez, while having custody, care and control of a child who was younger than 15 years of age, did intentionally abandon the child in a place under circumstances that exposed to an unreasonable risk of harm, and under circumstances that a reasonable person would believe would place the child in imminent danger of physical and mental impairment, by locking the child in a cabinet.
- Unlawful restraint exposing risk of serious bodily injury: Counts 4-6 allege that on Dec. 21, 2021, Martinez intentionally and knowingly restrained the same child without his consent, by restricting the movements of the child and that Martinez did recklessly expose the child to a substantial risk of serious bodily injury by locking the child in a cabinet.
- Injury to a child causing bodily injury intentionally/knowingly: This indictment alleges that on Dec. 1, 2021, Martinez intentionally and knowingly caused serious bodily injury to a child who was 14 years of age or younger, by striking the child with the hand of Martinez.
Valerie Diaz:
- Endangering/abandoning a child exposing risk of bodily injury: Counts 1-3 allege that on Dec. 21, 2021, Diaz, while having custody, care and control of a child who was younger than 15 years of age, did intentionally abandon the child in a place under circumstances that exposed the child to an unreasonable risk of harm, and under circumstances that a reasonable person would believe would place the child in imminent danger of physical and mental impairment, by locking the child in a cabinet.
- Unlawful restraint exposing risk of serious bodily injury: Counts 4-6 allege that on Dec. 21, 2021, Diaz intentionally and knowingly restrained the same child without his consent, by restricting the movements of the child and that Martinez did recklessly expose the child to a substantial risk of serious bodily injury by locking the child in a cabinet.
- Assault by intentionally/knowingly causing bodily injury by omission to a child: The indictment alleges that on Dec. 1, 2021, Diaz intentionally and knowingly, by omission caused bodily injury to a child who was 14 years of age or younger, and Diaz had assumed care, custody and control of the child, and failed to seek medical assistance for the child after he received an injury.
The Family Violence Division is prosecuting these cases in the 175th District Court. Endangering/abandoning a child is a second degree felony punishable by 2 to 20 years in prison and a possible fine of up to $10,000.
Benny Cruz is charged with manslaughter. The indictment alleges that on May 25, 2021, Cruz recklessly caused the death of Christopher Cruz by striking Christopher Cruz in the head with the hand of Benny Cruz. The Family Violence Division is prosecuting this case in the 227th District Court. Manslaughter is a second degree felony punishable by 2 to 20 years in prison and a possible fine of up to $10,000.
Gerardo Lozano is charged in three separate indictments:
- Intoxication manslaughter: The indictment alleges that on Dec. 24, 2021, Lozano operated a motor vehicle in a public place while intoxicated, and did by reason of such intoxication cause the death of Maria Guadalupe Contreras Rojas by accident or mistake, by Lozano driving the motor vehicle into a motor vehicle occupied by Rojas, and that Lozano used a deadly weapon (motor vehicle) during the commission of the offense. The indictment also alleges that Lozano used a deadly weapon (motor vehicle) that in the manner of its use and intended use was capable of causing death and serious bodily injury, and Lozano recklessly caused the death of Rojas by failing to yield the right of way to another motor vehicle, failed to stop at a stop sign, failed to apply the brakes in a timely manner, drove the motor vehicle at a speed that was not reasonable and prudent under the circumstances then existing, failed to take proper and necessary evasive action to avoid colliding with another motor vehicle and that Lozano drove and operated a motor vehicle while under the influence of alcohol, a drug or a controlled substance which acts and omissions resulted in the motor vehicle being driven and operated by Lozano colliding into a motor vehicle occupied by Rojas.
- Intoxication assault: The indictment alleges that on Dec. 24, 2021, Lozano operated a motor vehicle in a public place while intoxicated, and did by reason of such intoxication cause serious bodily injury to Amberly Contreras Rojas by accident or mistake by Lozano driving the motor vehicle into a motor vehicle occupied by Rojas, and that Lozano used a deadly weapon (motor vehicle) during the commission of the offense. The indictment also alleges that Lozano used a deadly weapon (motor vehicle) that in the manner of its use and intended use was capable of causing death and serious bodily injury, and Lozano recklessly caused the death of Rojas by failing to yield the right of way to another motor vehicle, failed to stop at a stop sign, failed to apply the brakes in a timely manner, drove the motor vehicle at a speed that was not reasonable and prudent under the circumstances then existing, failed to take proper and necessary evasive action to avoid colliding with another motor vehicle and that Lozano drove and operated a motor vehicle while under the influence of alcohol, a drug or a controlled substance which acts and omissions resulted in the motor vehicle being driven and operated by Lozano colliding into a motor vehicle occupied by Rojas.
- Intoxication assault: The indictment alleges that on Dec. 24, 2021, Lozano operated a motor vehicle in a public place while intoxicated, and did by reason of such intoxication cause serious bodily injury to Laisa Rojas Hipolito by accident or mistake by Lozano driving the motor vehicle into a motor vehicle occupied by Hipolito, and that Lozano used a deadly weapon (motor vehicle) during the commission of the offense. The indictment also alleges that Lozano used a deadly weapon (motor vehicle) that in the manner of its use and intended use was capable of causing death and serious bodily injury, and Lozano recklessly caused the death of Hipolito by failing to yield the right of way to another motor vehicle, failed to stop at a stop sign, failed to apply the brakes in a timely manner, drove the motor vehicle at a speed that was not reasonable and prudent under the circumstances then existing, failed to take proper and necessary evasive action to avoid colliding with another motor vehicle and that Lozano drove and operated a motor vehicle while under the influence of alcohol, a drug or a controlled substance which acts and omissions resulted in the motor vehicle being driven and operated by Lozano colliding into a motor vehicle occupied by Hipolito.
The Criminal Trial Division is prosecuting these cases in the 175th District Court. These offenses are second degree felonies punishable by 2 to 20 years in prison and a possible fine of up to $10,000.
Mohammed Hasan is charged in two separate indictments:
- Intoxication manslaughter: The indictment alleges that on Sep. 30, 2021, Hasan operated a motor vehicle in a public place while intoxicated, and did by reason of such intoxication caused the death of Andrew Gomez by accident or mistake, by Hasan driving the motor vehicle into a motor vehicle occupied by Gomez.
- Racing on a highway causing serious bodily injury or death: The indictment alleges that on Sep. 30, 2021, Hasan intentionally and knowingly participated as the driver and operator of a motor vehicle in a race, namely: the use of one or more vehicles in an attempt to outgain and outdistance another vehicle and/or the use of one or more vehicles in an attempt to prevent another vehicle from passing, and as a result of the aforesaid offense an individual, namely Andrew Gomez, suffered death.
The Criminal Trial Division is prosecuting these cases in the 399th District Court. Both offenses are second degree felonies punishable by 2 to 20 years in prison and a possible fine of up to $10,000.
Christian Perez is charged in three separate indictments:
- Manslaughter: The indictment alleges that on Sep. 30, 2021, Perez recklessly caused the death of Andrew Gomez by failing to take necessary and proper evasive action to avoid driving the motor vehicle into a motor vehicle occupied by Gomez, and/or driving on the wrong side of the road, and/or failing to yield the right of way to another motor vehicle, and/or driving the motor vehicle at a speed that was not reasonable and prudent under the circumstances then existing and/or racing and/or failure to apply brakes and/or attempting to pass another vehicle and/or failing to avoid driving said motor vehicle into oncoming traffic.
- Racing on a highway causing serious bodily injury or death: The indictment alleges that on Sep. 30, 2021, Perez intentionally and knowingly participated as the driver and operator of a motor vehicle in a race, namely, the use of one or more vehicles in an attempt to outgain and outdistance another vehicle and/or the use of one or more vehicles in an attempt to prevent another vehicle from passing, and as a result of the aforesaid offense an individual, namely: Andrew Gomez suffered death.
- Racing on a highway causing serious bodily injury or death: The indictment alleges that on Sep. 30, 2021, Perez intentionally and knowingly participated as the driver and operator of a motor vehicle in a race, namely, the use of one or more vehicles in an attempt to outgain and outdistance another vehicle and/or the use of one or more vehicles in an attempt to prevent another vehicle from passing, and as a result of the aforesaid offense an individual, namely: Mohammad Hasan suffered serious bodily injury.
The Criminal Trial Division is prosecuting these cases in the 399th District Court. Both offenses are second degree felonies punishable by 2 to 20 years in prison and a possible fine of up to $10,000.
An indictment is not a finding of guilt. A person charged by indictment is presumed innocent until found guilty beyond a reasonable doubt by a jury or a judge. Because these and potentially other cases are either pending or may be under investigation, we can make no further comment on them.
Copies of indictments may be requested from the Bexar County District Clerk. Information on court settings can be found by searching the case online or directly from the court.