By Karen Gleason
The 830 Times
A jury of seven women and five men was seated in state district court here today to hear the evidence in the murder trial of Daniel Lopez. Lopez is accused of shooting and killing Jose “Joey” Burgi, 21, in the Sundance Estates area of the county just north of Del Rio in the early morning of Oct. 2, 2023.
More than 150 area residents were called as prospective jurors in the case and arrived at the Val Verde County Judicial Center, 100 E. Broadway St., at 7 a.m. today for the start of jury selection. 83rd Judicial District Judge Robert E. Cadena, who is presiding over the trial, let go a number of prospective jurors with legal exclusions, such as age.
After dealing with the legal exclusions, Cadena introduced Del Rio attorney Sostenes Mireles, who is representing Lopez, Lopez and District Attorney Suzanne West, who is presenting the state’s case. Cadena explained the process of questioning prospective jurors, which is called voir dire.
Cadena stressed the importance of seating a fair and impartial jury. “We want to get 12 fair and impartial jurors who can set aside any bias or prejudice and decide the case on the law and the evidence they hear,” Cadena said.
The judge also reviewed what he called “bedrock principles,” including the presumption of innocence, reminding prospective jurors that an arrest and an indictment are not evidence of a person’s guilt, and the right to remain silent, telling prospective jurors they must draw no inference of guilt from a defendant’s decision not to testify.
Cadena explained the trial will have two phases, the first phase, during which the selected jurors would decide Lopez’s guilt or innocence, and the second phase, which comes if the jurors find him guilty and during which they will decide on his punishment.
Cadena asked West to read out the names of all the persons she planned to call as witnesses, then asked Mireles to do the same. Prospective jurors were questioned at length about whether or not they knew any of the persons directly involved in the trial – West or members of her team, Mireles, Lopez and members of the Burgi family who were present in the courtroom or anyone on the two attorneys’ witness lists.
After a mid-morning break, Cadena recognized West, and she told prospective jurors that jury service is “one of the most important things you will do as a citizen.” West spoke about how the law and trials are different from what citizens may have seen on television or in the movies, and she also discussed how the state proves its case.
One juror asked about premeditation, and West responded that there is no premeditation in Texas law, adding that people always want to know why something happened, but reminded the prospective jurors the state is not required to prove the “why” of a particular crime. “We don’t have to prove motive, premeditation or why,” West said.
She also reviewed what is evidence and told prospective jurors they could believe some, none or all of the testimony given by witnesses who will be called during the trial. West went over the possible punishment range for the crime with which Lopez is charged: five years to 99 years in prison or life and an optional $10,000 fine.
Following the lunch break, Cadena recognized Mireles, who introduced himself to the prospective jurors and read them the text of the Sixth Amendment to the U.S. Constitution: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”
Mireles again stressed the importance of an impartial jury and asked prospective jurors if they knew the man who died, Joey Burgi, or any members of Burgi’s family and whether or not they could make an impartial finding in the case despite knowing these people.
Mireles asked similar questions about articles that had been written about the case in The 830 Times and discussions about the case on social media. He showed the prospective jurors photos of persons he may call as witnesses for the defense and asked prospective jurors whether or not they could make impartial decisions despite knowing the persons in question.
Mireles also read a section of the Texas Penal Code dealing with situations in which someone may use deadly force and asked the prospective jurors a series of questions. Finally, Mireles reminded prospective jurors, “It’s my job not just to defend Mr. Lopez, but to defend the Constitution.”
After another break, Cadena received lists of persons West and Mireles wanted struck from the jury pool, then called out the numbers of the seven women and five men who would make up the jury and the numbers of the two men who will serve as alternates.
Cadena thanked those who had not been selected for coming in and discharging this important responsibility. He then administered the oath to the jurors and read them a set of instructions. The judge had West read the indictment against Lopez and asked Lopez how he pleaded to the charge.
“Not guilty,” Lopez said.
Lopez’s trial will begin Tuesday morning.
The writer can be reached at delriomagnoliafan@gmail.com.
