A 21-year-old Brownsville man is set to face a jury in a death penalty trial next week for the killing of a San Benito police officer.

Rogelio Martinez faces charges of capital murder of a peace officer, six counts of attempted capital murder of a peace officer, and two counts of evading arrest in connection with an Oct. 17, 2023, shooting that killed San Benito Police Lt. Milton Resendez.

Martinez, who was 18 at the time of the shooting, pleaded not guilty to the charges. 

READ MORE ABOUT THE CHASE HERE

During a July 3 hearing, a judge denied the defense’s request to throw out evidence from Martinez’s cell phone location. The defense argued that investigators tracked Martinez’s phone without a warrant before his arrest.

Cameron County court records show Martinez’s trial is set to begin on Monday, Aug. 10. Prosecutors previously said they are seeking the death penalty.

The shooting happened during a police chase in Cameron County. One of the bullets struck Lt. Resendez in the abdomen; he died from his injuries.

The indictment against Martinez identifies him as the suspect who "did then and there intentionally or knowingly cause the death of... Milton Resendez by shooting him with a firearm."

One other man — 26-year-old Mexican national Rodrigo Axel Espinosa-Valdez — was also charged in Resendez’s death. He was identified as the driver of the vehicle in the police chase that led to the death. He pleaded guilty to a murder charge in June and has a hearing set for Aug. 24.