EDINBURG — A court hearing on Wednesday revealed that the Pharr man accused of shooting and killing a 16-year-old teen soccer player from McAllen Memorial High School in 2017 did not pull the trigger, according to his attorney.
Juan Tijerina told state District Judge Rose Guerra Reyna that his client Ambrosio Guadalupe Rodriguez, 30, wasn’t the one who shot and killed Gerardo “Jerry” Rodriguez on March 13, 2017, during a home invasion, which police said at the time was likely a case of mistaken identity or residence.
“If he’s a conspirator, he can help identify the assailant,” Reyna said.
Rodriguez is charged with capital murder by terroristic threat.
At the hearing, state prosecutors announced that they weren’t ready to go to trial which led to Reyna reminding prosecutors and the defense that the case is over six years old.
Reyna added that she has a jury panel ready for selection as it was slated for Friday with the trial ready to go Monday but now that’s not the case.
The state prosecutor also said that the defense hadn’t provided a counter plea to their original offer of life in prison for Rodriguez, which has been altered due to a change of mind.
Tijerina countered with 10 years but Reyna ended the hearing with a reset date due to the prosecutor asking to speak to the victim’s family regarding the counter plea before making a decision.
Gerardo wasn’t the only victim involved in the fatal home invasion. His uncle was also shot and hospitalized.
“If he’s a conspirator, he can help identify the assailant,” state District Judge Rose Guerra Reyna said.
Pharr police responded to a residence located in the 900 block of East Dreyer Street that day where three men reportedly stormed the small home demanding money and other valuables, according to authorities.
One of the suspects fired at Gerardo and his uncle, who was 48 at the time.
Gerardo suffered a gunshot wound that struck his lungs, which resulted in his death a week later.
His uncle was able to recover and later released from the hospital.
Video surveillance footage of the scene showed three men wearing masks, long-sleeved shirts and hats walking into the residence only to come out moments later empty-handed before fleeing the scene.
Rodriguez has remained in the Hidalgo County Adult Detention Center on $1.5 million in bonds since his March 23, 2017, arrest.
Reyna stated this would be his last continuance and if a plea isn’t reached by his next hearing, Rodriguez will be going to trial.
