SAN ANTONIO – A Bexar County jury on Friday found a man not guilty of murder in the fatal shooting of his mother’s boyfriend.
Jurors deliberated for 2.5 hours before finding Gaien Perez not guilty of killing Luis Rosales in August 2022.
Rosales, 39, was found dead in the 100 block of La Manda Boulevard, down the street from his girlfriend’s house.
Perez and his family sobbed in court as the verdict was read.
Through sobs, Perez told KSAT he was thankful for the jury’s decision.
“I think we’re all just very grateful that the jury was able to listen to the evidence, give it the time it deserved,” said defense attorney Veronica Legarreta.
Perez, who was still at the scene at the time, was later arrested and charged with first-degree murder.
“I just shot someone,” said Perez on a 911 call played in court.
During testimony Wednesday, defense attorneys implied that Perez was defending a family member who allegedly had been sexually assaulted by Rosales.
Prosecutors told jurors during Friday’s closing arguments this trial was about Perez’s actions -- not Rosales’.
“I’m not telling you to not be human,” the prosecutor said. “I understand being angry. I understand being furious. But that cannot play a role in deciding Gaien Perez was allowed to shoot Luis Pena.”
Defense attorney Rolando Aguelles even asked SAPD Officer Sgt. Edward Olivo, who responded to the scene, if it was okay for a child molester to go to the victim’s home, to which he responded by saying “No.”
On Thursday, forensic evidence revealed that Perez had no gunshot residue on his hands.
While Perez had none on his hands, his mother did, according to forensic scientist Leslie Tschoepe.
“Monica Vasquez may have discharged a firearm, handled a discharged firearm or was in close proximity to a discharging firearm,” Tschoepe said.
Tschoepe further explained that it was possible when Vasquez provided first aid to Rosales, the residue transferred over.
As to why Perez had no residue on his hands, Tschoepe said there are a lot of environmental factors that could have played a role, but she couldn’t say for certain what or why.