Brittany Kelley
SAN MARCOS — Issac Arispe, 21, was sentenced to 40 years for felony murder during a punishment hearing Monday, Aug. 24.
On Dec. 19, 2020, officers found 19-year-old Christopher Trevino’s body inside a Kyle residence after responding to a report of shots fired, as previously reported by the Hays Free Press. The Kyle Police Department noted that investigators believed that Arispe was purchasing marijuana from one of Trevino’s family members and allegedly drew a gun in the course of the transaction. The victim was reportedly shot after attempting to intervene.
Arispe, a then-juvenile, allegedly fled the scene, but was later apprehended and processed into the Hays County Juvenile Detention Center on charges of murder, aggravated assault with a deadly weapon and aggravated robbery. The murder charge was later enhanced to capital murder June 8, 2022.
Following three trial cancellations in early 2025, a Notice of Intent to use evidence of other crimes was filed June 2025. These ranged from purchasing marijuana and disposing of evidence the day of Trevino’s murder and “passing something” to another that led to an overdose at school to assaulting minors at Chapa Middle School and disobeying oral directives of Hays County Jail staff.
The final trial was set for March 16, 2026.
Prior to the setting, the defendant’s team filed a motion to quash the capital murder charge, as Arispe was 15 at the time of the crime. Because he was a juvenile, the maximum punishment for capital murder would be life imprisonment, with the ability to earn parole after 40 years, rather than the adult sentence of death penalty or a complete life sentence.
The motion argued that allowing a charge that could result in a de facto life sentence — a punishment that could extend past the defendant’s lifespan — contradicts Supreme Court precedent and “violates both federal and state constitutional protections against cruel and unusual punishment,” citing the Eighth Amendment and case law.
453rd District Judge Sherri Tibbe denied the motion.
After three days, the jury returned a unanimous “not guilty” verdict for the charge of capital murder.
Capital murder, according to the charge of the court, is only applicable if an individual causes the death of another in the course of committing or attempting to commit robbery, which is defined as “committing theft and with intent to obtain or maintain control of the property, he intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.”
Instead, the jury found him “guilty of the lesser included offense of felony murder” March 19.
Felony murder varies from murder. Court documents note that felony murder occurs when an individual causes the death of another during the attempt or fulfillment of a felony in the “furtherance” of the crime or whilst fleeing the event. It also occurs when the death would have not occurred, if not for the interference of another. Murder, on the other hand, is when a person intentionally or knowingly causes the death of an individual.
The capital murder charge was dismissed as a result. Additionally, the other charges of aggravated robbery and murder were also dismissed.
Arispe’s punishment hearing occurred Aug. 24 and resulted in 40 years in the Texas Department of Criminal Justice.
