SAN ANTONIO – A former John Jay High School student who was found guilty of criminally negligent homicide in October will have a retrial for his punishment phase beginning on Tuesday.
Jesus San Miguel, 19, was convicted in the fatal stabbing of his friend, Joshua Kinnaman, 18, on April 4, 2023.
Kinnaman was fatally stabbed after challenging San Miguel to a fight over comments he had made to the defendant’s girlfriend during a lunch break at a restaurant across the street from the school.
The jury found San Miguel not guilty of murder but determined his actions during a deadly altercation warranted the lesser charge of criminally negligent homicide.
Jurors, though, could not decide how long to sentence San Miguel, who could have been sentenced to anywhere from probation to up to 10 years in prison. The deadlock left the judge with no choice but to call a mistrial.
On Monday, a new jury was picked to hear the punishment phase and to determine San Miguel’s sentence.
Testimony will begin Tuesday morning in the 226th District Court.