Brownsville, TX (KRGV) — Prosecutors rested their case in the punishment phase of the Brownsville man convicted of killing San Benito police Lt. Milton Resendez.

The punishment phase for Rogelio Martinez started Monday, when jurors heard testimony about his behavior in jail.

A jail sergeant testified that Martinez kicked him in the leg when officers tried to move him to a single cell. He testified that officers used pepper spray before Martinez complied, and the defense pointed out that no criminal charges followed.

Jurors must decide whether to recommend the death penalty or life in prison without parole for Martinez. Jurors convicted him of capital murder on Oct. 8, 2026, in the murder of Resendez. Resendez was fatally shot during a high-speed chase in Cameron County on Oct. 17, 2023.

‘Justice was served’: Reactions to capital murder conviction of Rogelio Martinez

An investigator testified about finding a hole under Martinez's bunk, telling jurors it had been chipped away using a metal screw. According to testimony, Martinez admitted he made the hole because he was bored.

Jurors also saw photos of a handcuff key hidden in a small pocket Martinez had made in his underwear. Investigators said the key could open handcuffs used at the jail, and prosecutors questioned whether Martinez planned to escape.

The defense pointed out that Martinez never tried to escape. They also brought up that the person Martinez reportedly got the key from later contacted jail officials about it.

Jail employees also described Martinez flooding his cell, damaging a light fixture, breaking hair clippers, interfering with a cell door's lock, and refusing to follow instructions. A gang investigator also testified about his reported gang affiliations.

One of the final witnesses was San Benito Police Chief Mario Perea, who spoke about the night Resendez was shot and described him as a compassionate man who carried dog food in his patrol unit to feed stray dogs.

Perea said he rushed to the hospital after learning of the shooting, and heard Resendez's wife scream when she learned her husband had died.

The defense will have an opportunity to present its own witnesses on Tuesday.

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