SAN ANTONIO – Two previously charged with capital murder were given a 22-year plea deal on the lesser charge of aggravated robbery.
Jaylen Dears and James Miller were arrested and charged for the Dec. 17, 2020, murders of Robert Smith, 20, and Bobby Lee Carter Jr., 14.
According to an arrest affidavit, deputies spoke with two witnesses in the car who said they went to the location to sell marijuana to Smith. Dears and Miller then approached the vehicle with guns, the affidavit states.
A witness told authorities that one of the shooters took a gun and cash that was inside the vehicle before they fled, according to the affidavit.
Miller’s cellphone was found in the street near fired cartridge casings, records show. Deputies also reviewed surveillance footage of the shooting.
In the 437th District court on Friday, prosecutor Clayton Hayden said that what appeared as capital murder was actually an aggravated robbery. He said everybody involved was armed, and the scene may have been tampered with.
“Subsequently determined the scene had been manipulated by some people present,” Hayden said.
As a result, the charge was downgraded to aggravated robbery, and each man got 22 years in prison.
They must serve half of their sentence before they are eligible for parole.