STAFF REPORT
District Judge Bill Henry rejected a plea deal last week for a one-time capital murder suspect who was involved in a botched 2009 drug heist in San Marcos, court records show.
In May, Frank Castro, 19, of Luling, admitted to home burglary and aggravated robbery charges in exchange for seven years in prison and 10 years probation once he is released. Prosecutors agreed to drop more serious charges including murder and capital murder.
However, Henry would not accept the agreement’s terms and moved the case toward a jury trial scheduled to start next month.
Castro’s attorney Lynn Peach said that she did not know why Henry did not accept the agreement.
“There was a plea deal but this time the court didn’t accept it,” she said. “He didn’t give a reason.”
Henry, the 428th district judge, didn’t return calls for comment.
Peach wouldn’t say whether Castro would plead guilty to any of the charges in the jury trial set for August 29.
In September 2009, Castro, 17 at the time, and three teenage boys, all aged 16 and armed with a handgun and pellet guns, broke into a San Marcos home to rob a purported marijuana dealer. Instead, a man opened fire on them, killing John Alvarez and Rudy Tinoco while wounding Jordan Mendez.
Assistant District Attorney Fred Weber, who helped orchestrate the plea deal, said that Castro, unarmed in the incident, ran away when shots were fired but returned when police arrived. He was later charged in connection with the deaths of his accomplices, among the other charges, because of his involvement in the foiled burglary.
Castro faces a maximum punishment of life without parole on the murder charges since prosecutors chose not to seek the death penalty.
