SAN ANTONIO – A man charged in connection with an armed robbery that left one of the alleged robbers dead has had his case dismissed.
Ernesto “Tito” Nino, 38, was charged with murder in the June 5, 2017, robbery that he allegedly set up with two others, Omar Garza and Jose Martinez Jr., San Antonio police said.
Recommended Videos
Martinez Jr., 16, was fatally shot during a struggle over a gun with the robbery victim.
Nino’s trial was supposed to begin on Monday, but his case was dismissed Friday before the jury was to be selected. Court records show it was dismissed due to a missing witness.
Police initially said Nino “intentionally and knowingly” set up the robbery, and Garza and Martinez Jr. were supposed to carry it out.
According to an affidavit, Nino provided a Kel-Tec and a 9mm Expo handgun and also texted the victim to set up a meeting with Garza and Martinez Jr.
The victim told police he had met Garza that night in the area of Lenard Street and West Gerald Avenue to help him fix a flat tire and buy some drugs when Garza and Martinez Jr. both pulled weapons on him and demanded money.
The victim was forced into the back seat of his Yukon, where Martinez Jr. sat armed with an assault rifle. Garza drove and told someone on the phone, “We got him,” according to the affidavit.
When Garza stopped in the 300 block of Kyle, the victim began wrestling for control of the rifle when a shot was fired, hitting Martinez Jr. and killing him instantly. The victim told police he heard the shot but didn’t pull the trigger.
Garza ran out of the vehicle followed by the victim, who shot Garza through the leg. Garza escaped in a black sedan that showed up, and the victim was picked up by police.
Nino was supposed to follow Garza in his car but didn't, according to the affidavit.
Investigators said Garza identified himself on surveillance video from the area as the person getting into a dark car and having been picked up by Nino.
Nino was initially charged with aggravated robbery but it was later upgraded to murder. He is still in federal custody for unrelated charges.