SAN ANTONIO -- A judge declared a mistrial in the capital murder case of Brian Flores.
Flores is accused of fatally shooting two people in 2015 at an apartment complex on Patricia Drive in the city's north side. According to the arrest affidavit, a friend of Flores' was dating a girl and one of the victims posted a sex tape of him and the girl online. The affidavit said Flores decided to kill him. The second victim, a woman, was simply "in the wrong place at the wrong time."
Thursday morning, Judge Susan Reed reviewed a mistrial request due to the defense's health concerns. 77-year-old Ed Camara Jr., lead defense attorney, suffered a concussion in June. He reported that he was taking a shower and hit his head on a toilet. His doctor, Burton Shaw, testified that the attorney wasn't fully himself. He said Camara Jr.'s reaction time was delayed, had difficulty with his memory and couldn't walk in a straight line.
Josh Goss, the lead prosecutor, argued that it would cost the state more money, time and resources to start over again. He requested another check-up on Camara Jr. to see if he was well enough to continue the case. Judge Reed decided to approve the mistrial request and relieve Camara Jr. from his duties. The state still plans to seek the death penalty.
"I think any time a person gets to live, I think it's a good outcome," said David Andre Woodard, second chair attorney for the defense. "He got another opportunity to push the case down the line. He has another opportunity to live."
Goss did not have any comments on camera, but over the phone, he said the outcome was a disappointment.
"We're disappointed, obviously, because our work has gone into the process. We hae two families that are waiting for justice and they're going to wait longer," Goss said.
There is no timeline on when a new trial will be set.