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Man found not guilty of fatally shooting mother’s boyfriend

Jury deliberated 2.5 hours before finding Gaien Perez not guilty of killing Luis Rosales

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.


About the Authors
Erica Hernandez headshot

Erica Hernandez is an Emmy award-winning journalist with 15 years of experience in the broadcast news business. Erica has covered a wide array of stories all over Central and South Texas. She's currently the court reporter and cohost of the podcast Texas Crime Stories.

Sal Salazar headshot

Sal Salazar is a photojournalist at KSAT 12. Before coming to KSAT in 1998, he worked at the Fox affiliate in San Antonio. Sal started off his career back in 1995 for the ABC Affiliate in Lubbock and has covered many high-profile news events since. In his free time, he enjoys spending time at home, gaming and loves traveling with his wife.