By Karen Gleason
The 830 Times
The five-man, seven-woman jury hearing testimony and seeing evidence in the trial of Del Rioan
Daniel Lopez will begin their deliberations Wednesday, first deciding whether he is guilty or
innocent of the murder of Jose “Joey” Burgi.
The jury, seated in 83 rd Judicial District Court on Jan. 21, listened to witnesses called by District
Attorney Suzanne West until about 11 a.m. Tuesday. After West presented her final witness, she
rested her case.
The 83 rd Judicial District Judge Robert E. Cadena then recognized Del Rio attorney Sostenes Mireles
II, who is representing Lopez.
Mireles first called on Cadena to issue a verdict in the case, saying the state had failed to prove
one or more elements of the crime being alleged. Mireles said the state has presented no
evidence that Lopez was the shooter who killed Burgi and decried the state’s case as “a lot of
conjecture and speculation.”
After hearing West’s response, Cadena said he “respectfully overruled” Mireles’ motion for a
verdict and called for a short recess while Mireles gathered his witnesses.
After the break, Mireles called Del Rio Police Department Detective Joe Castillo to the stand.
After asking Castillo about his education and training as a law enforcement officer, Mireles
asked Castillo whether he had responded to an incident in September 2021.
West objected, and the judge asked that the jury be taken out of the courtroom while he heard
from both attorneys.
Mireles argued that the state has been characterizing Burgi, the murder victim, as “a good boy,”
adding, “That is not the case.”
He said West called Burgi’s mother as her first witness, and he was attempting to counter her
testimony by bringing witnesses who could testify about Joey Burgi’s criminal activities.
After the jury returned to the courtroom, Mireles asked Castillo if he knew Joey Burgi, and the
detective said he did. Mireles asked whether the detective had ever encountered Burgi, and he
said that he had.
Mireles asked the detective if he had an opinion of Burgi, and Castillo replied, “I can’t give an
opinion.”
When Mireles asked Castillo if Burgi had been a law-abiding person, Castillo replied, “No, sir.”
West asked no questions of Castillo on cross-examination.
Mireles next called former Del Rio Police Department Senior Officer Eladio Rocha, who now
works for the U.S. Border Patrol.
Mireles asked Rocha if he knew Joey Burgi, and Rocha said he did.
When Mireles asked if Rocha had a reputation as a law-abiding citizen, Rocha replied, “That
would call for speculation.”
Mireles also asked Rocha whether any sheriff’s office investigators had reached out to him about
the murder case to ask about Burgi, and Rocha said, “Not that I recall.”
Mireles also asked Rocha if it was important for a police officer to create a written report about
incidents, and Rocha said it is his department’s policy to do so.
West asked no questions of Rocha on cross-examination.
Mireles then recalled Shaun Davis, the lead Val Verde County Sheriff’s Office investigator in the
Lopez case, who had been one of the state’s witnesses and who had testified Thursday, Friday
and Monday.
Mireles asked Davis several questions about Facebook Messenger exchanges between Joey
Burgi and other people in Burgi’s and Lopez’s circle, including Geneva Rosales, who also
testified previously, and Rene Garcia, who did not.
Mireles next called Del Rio Police Department Senior Officer Estevan Hernandez.
Mireles asked Hernandez if he was familiar with Joey Burgi, and Hernandez said he was.
Hernandez also testified he had “a few” previous encounters with Burgi.
When Mireles asked Hernandez about Burgi’s reputation as a law-abiding citizen, Hernandez
replied that as a juvenile, Burgi “was misunderstood and had issues with his parents.”
“As an adult, I would describe him as an opportunistic criminal,” Hernandez testified.
“Did he (Burgi) have a reputation as a law-abiding citizen?” Mireles asked.
“No,” Hernandez replied.
Following a break for lunch, Mireles called as his last witness Val Verde County resident John
Maldonado.
Under questioning by Mireles, Maldonado testified he knew both Rene Garcia and Geneva
Rosales, but West asked for a hearing outside the presence of the jury.
After the jury left the courtroom, Mireles continued questioning Maldonado about his
relationship with Garcia. Maldonado claimed Garcia had assaulted him and that a sheriff’s office
investigator whom he identified to the court as “Investigator Delgado” had told him that a case
had been filed against Garcia with the district attorney’s office, and that the district attorney’s
office had reduced the charges against Garcia.
West refuted Maldonado’s claim, and Cadena ruled that he did not find Maldonado’s testimony
admissible.
“I don’t see the relevance, so I’m not going to allow this,” Cadena said.
Following the presentation of his final defense witness, Mireles and Lopez went to stand before
Cadena’s bench, and Mireles said Lopez had been advised of his rights, and that he and Lopez
had discussed Lopez taking the witness stand and testifying.
When the judge turned to Lopez, Lopez said, “I’m choosing to remain silent.”
Following that exchange, Mireles rested the defense case. West then told the court, “The state
closes,” and Mireles followed with, “The defense closes.”
Cadena then told jurors he would dismiss them until 9 a.m. Wednesday.
At that time, Cadena will likely read the jury a series of instructions about the law they must
follow in the case, then give time to West and Mireles for their closing statements before the
jurors begin their deliberations.
The writer can be reached at delriomagnoliafan@gmail.com
