Update (Oct. 11, 2024): Jacob Serna’s charges were downgraded to racing-serious bodily injury or death in connection with the fatal shooting of Joseph Banales. This case is still ongoing.
Another suspect, 33-year-old Matthew Alexander, is facing murder charges, records with the Bexar County Jail show. The arrest warrant affidavit for Alexander states he opened fire on Banales while racing Serna.
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Original: Selma police made an arrest overnight in connection with the murder of University of the Incarnate Word nursing student Joseph Banales.
The Selma police chief identified the suspect as Jacob Daniel Serna, 29, who, along with his wife, were initially interviewed as witnesses, according to an arrest warrant affidavit obtained by KSAT.
Banales was found dead after crashing his vehicle along Interstate 35 in Selma, near the Forum, around 11:45 p.m. on April 15, 2023.
His family believes he was the victim of a road rage incident.
The Bexar County Medical Examiner’s Office determined his cause of death resulted from a gunshot wound to the head.
The affidavit
The arrest warrant affidavit said that eyewitnesses reported that before Banales crashed, he attempted to merge into another lane and almost struck a vehicle.
The vehicle was described as a dark blue or black sports car with “a loud exhaust system.”
The sports car slowed down and then sped up along the driver’s side of Banales’ vehicle before continuing north on I-35 at “a high rate of speed,” the affidavit said.
Immediately after this, Banales’ car swerved into a neighboring lane, striking the center concrete median, the affidavit said.
It was found that Banales was talking on his cellphone with his girlfriend, who also reportedly heard the loud exhaust and the subsequent crashing of his vehicle, the affidavit said.
A single bullet was recovered during Banales’ autopsy, which, after an analysis, was revealed to be from a .38 caliber firearm, the affidavit said.
Throughout the year-long investigation, several witnesses were interviewed. Investigators identified a husband and wife who claimed to have seen the accident and turned around.
Officers followed up with Serna and his wife, who were near a 2018 Blue Ford Mustang, the affidavit said.
Serna’s wife said she witnessed a blue sports car driving beside Banales’ vehicle. She then saw Banales try to merge into the lane but swerved and crashed.
The wife suggested they turn around and check on Banales. When asked by Selma police what he witnessed, Serna said that “he did not see anything,” indicating his wife “witnessed everything,” the affidavit said.
Search warrants and court orders were executed for cellular towers, call communications and geofences, the affidavit said.
Investigators used the systems to locate drivers who could have been driving a blue sports car in the area. License plate readers in the area only located Serna’s blue Mustang, the affidavit said.
Google activity for Serna was also reportedly pinged in the area where the shooting happened, the affidavit said.
On July 23, 2024, Texas Rangers and Selma police officers interviewed Serna’s wife again. The wife said she and Serna, who were at this point now separated, had been at the movies on the night of April 15. Afterward, she said they began driving north on Interstate 35.
The wife said they saw the suspected sports car approaching them near the initial crash. She said Serna tried to speed up to get a “better look at the car,” but it was driving too fast before the crash.
Investigators interviewed Serna three days later. Again, Serna claimed he did not witness what happened. After investigators described what his wife told them prior, he reportedly changed his statement to align with hers, the affidavit said.
Serna gave investigators vague answers, seemingly leaving out information that his wife confirmed he knew, the affidavit said.
During the interview, Serna revealed to investigators that he had owned a Heckler and Koch 9mm pistol but pawned it. Serna also told investigators it was located in his glove box, the affidavit said.
After using Serna’s name to search pawn records, investigators located the pistol and submitted it for testing at the Bexar County Crime Lab.
On Aug. 14, 2024, the weapon was said to have “similar characteristics to the round recovered during the autopsy, but additional testing was needed, the affidavit said.
On Sept. 19, 2024, Texas Rangers and Selma police interviewed Serna’s ex-wife again.
Investigators said that she provided a third version of a recount of the events, saying that their blue Mustang was the vehicle Banales nearly struck, the affidavit said.
The wife said that Serna became “irate,” pulled the firearm from the glove box and loaded the weapon in front of her, the affidavit said.
She said Serna then pointed the gun at Banales’ vehicle, and “it just went off, and it scared me,” she said in the affidavit.
The wife told investigators she made Serna turn around and go back to see what happened.
The arrest
Serna was arrested for murder Thursday without incident after investigators obtained an arrest warrant, a Selma Police Department press release said.
The affidavit does not immediately specify if the wife is expected to face charges.
Serna booked into the Bexar County Jail early Friday morning. The case will be filed with the Bexar County District Attorney’s Office, according to the release.
KSAT talked with a family spokesperson Friday morning who said, “The family is very upset that this was an arrest involving someone who pretended to be a witness.”
This is a developing story. KSAT will bring you more details as they become available.