Attorneys for the man accused of shooting and killing a San Benito police officer had their request denied to throw out cell phone location evidence.

Rogelio Martinez Jr. has been identified as the shooter who fired a weapon at Lt. Milton Resendez during a vehicle pursuit in October 2023, striking him in the abdomen and causing his death.

Martinez's trial is scheduled to begin on August 10.

The defense submitted a request to throw out cell phone location evidence, but a judge denied the request.

According to court documents, the incident first occurred at South Padre Island when a traffic stop was conducted on a GMC truck speeding on the beach on Oct. 17, 2023.

As previously reported, the truck was occupied by the two suspects, Martinez and Rodrigo Axel Espinoza Valdez, two females and two children. The truck was later found disabled with the women and children inside.

Court documents said authorities asked one of the women to call Martinez on his personal cell phone. The person who answered said "he is hiding in an unknown building" and "that law enforcement would not take him into custody."

An unknown amount of time later, the woman received a call from the same phone number, during which the caller said that "[Martinez] is going to Matamoros, Mexico and that law enforcement officers will not be able to catch him," according to court documents.

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Authorities consulted with Cameron County Assistant District Attorney Eduardo Sandoval about obtaining a Geo-Location Tracking Order under exigent circumstances to track the phone believed to belong to Martinez, according to documents. Sandoval then confirmed, in his opinion, the situation met the exigent circumstances and gave verbal authorization for the order.

The defense argues "documentation provided in discovery does not specify what information was provided to ADA Sandoval, what criteria were used to assess the legality of the Geo-Location Tracking Order, or what specific facts were considered," according to court documents.

Martinez and Espinoza were seen getting into a dark-colored SUV. Authorities attempted to initiate a traffic stop but a vehicle pursuit ensued, during which Resendez was shot and killed.

Court documents said it wasn't until Oct. 19, 2023, that authorities "secure written court orders" authorizing the tracking order.

The defense said this violated Martinez's Fourth Amendment right and requested the cell phone location evidence be thrown out, but a judge disagreed.

Martinez has pleaded not guilty to all charges including capital murder of a peace officer. The state will be seeking the death penalty.