High court affirms conviction for man who killed off-duty Border Patrol agent

In this undated Brownsville Herald file photo, Gustavo Tijerina-Sandoval appears at the Cameron County Courthouse 197th State District Court.

The Texas Court of Criminal Criminal Appeals has affirmed the conviction of a 38-year-old La Villa man who is on death row for killing an off-duty Border Patrol agent in Willacy County in August 2014.

The high court issued its opinion on Wednesday affirming Gustavo Tijerina-Sandoval’s capital murder and attempted capital murder convictions.

In May 2018, a Cameron County jury found him guilty of shooting and killing off-duty Border Patrol agent Javier Vega Jr., of Kingsville, and of shooting and injuring the man’s father, Javier Vega Sr., of La Feria, on Aug. 3, 2014.

Three generations of Vegas were enjoying the day at their favorite fishing spot, but that outing turned dark and deadly when Tijerina-Sandoval and Ismael Hernandez-Vallejo, 49, ambushed them near Santa Monica.

Tijerina-Sandoval and Hernandez-Vallejo opened fire on the family during an attempt to steal their vehicle.

Trial testimony revealed that Tijerina-Sandoval owed $3,500 to someone in Mexico because he lost a vehicle engine. That person was threatening Tijerina-Sandoval, so he decided to try and steal a vehicle.

Tijerina-Sandoval’s trial included 44 witnesses ranging from eyewitnesses at the crime scene to corroborating witnesses. Prosecutors also presented the jury with 340 pieces of evidence, including scientific evidence like DNA and fingerprints found in Vega’s vehicle, gun residue taken from Tijerina-Sandoval’s hands, bullet casings and crime scene reconstruction.

Hernandez-Vallejo struck a plea deal with the Cameron County District Attorney’s Office and pleaded guilty to murder and attempted capital murder. As part of his agreement, he promised not to appeal and testified against Tijerina-Sandoval.

Hernandez-Vallejo is serving a 50-year prison sentence and is eligible for parole in 2039.