State District Judge Declares Mistrial in Home Invasion Case
BROWNSVILLE – A state district judge declared a mistrial in the case of a man accused in a home invasion in Brownsville.
Defense attorney Victor Ramirez argued that prosecutors weren't disclosing evidence in the case.
The man on trial, Jorge Omar Cervantes, was said to be one of four that allegedly forced their way into a Brownsville doctor's home in 2010.
Monday, Ramirez asked State District Judge Migdalia Lopez for a mistrial arguing the state didn't turn over evidence on about nine different key elements.
Cervantes is charged with aggravated robbery, burglary of a home and other charges.
He is accused of taking part in the December home invasion on Acacia Drive.
According to court records, Cervantes and three other armed suspects broke into a home and held those inside hostage for several hours.
According to testimony, when the homeowner arrived, the group demanded large amounts of money.
Ramirez said the state didn't hand over evidence such as the results of a lie detector test, victim's statements about the crime and call logs, law enforcement emails regarding the investigation amongst other things.
Denying a previous motion for a mistrial earlier in the case, Lopez sided with the defense.
A second trial for Cervantes is now set for January.
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