SAN ANTONIO – A San Antonio Police Department detective was questioned in a hearing Monday about missing evidence that caused a mistrial in a murder case last year.
Guadalupe Contreras is charged in the slaying of his estranged wife, Elizabeth Contreras. Her body was found hidden in brush in the 12800 block of Old Corpus Christi Road on the South Side on Aug. 8, 2017.
Last summer, Guadalupe Contreras stood trial on a murder charge.
During the trial, blood-stained clothing belonging to Guadalupe Contreras was shown to the jury, and it was determined the blood was that of his estranged wife.
Right before closing arguments, the defense asked for a mistrial when it was determined that aerial video of the crime scene was not given to them by the state. It was determined that SAPD never handed over the video to the state and that it had since been erased. The judge then ordered a mistrial.
The defense has since filed a writ seeking double jeopardy, which means they believe the case shouldn’t be retried.
During a hearing on Monday, Det. Jose Espinosa was asked why the video wasn’t included in his final report and why it was erased.
Espinosa answered that he didn’t know why he didn’t even look at it and couldn’t explain why it wasn’t included. He said the video was mislabeled when it was entered into the system and later erased, which initially caused the mix-up.
At one point, defense attorney Charles Bunk asked Espinosa if he was being lazy and if it was common practice for SAPD to destroy evidence in murder cases. Espinosa answered back and just said no.
In final arguments, the state said that even if the video would have been available, it wasn’t a major piece of evidence that would prove Contreras was not guilty. Prosecutors also argued that the missing video alone shouldn’t be the reason for the case not to be retried.
379th District Court Judge Ron Rangel said he would review what was presented in the hearing and make a ruling at a later date.
If Contreras does go on trial for the murder charge and is found guilty, he is facing up to life in prison.