The District Attorney’s Office confirmed, the charges have been reduced, from capital murder to assault bodily injury.
SAN ANTONIO — Two teenage brothers who were previously charged with capital murder in connection with the killing of 14-year-old Simon Cuevas have had their charges reduced to assault causing bodily injury, court records show.
Cuevas was walking home from Brewer Academy in April when he was attacked and fatally shot.
“In Texas, we have what’s called the law of parties. So if somebody is party to an offense, they can be held responsible for any of the crimes caused by the group.” Said Joe Holescher, Attorney
Holescher says under the Texas law, if a murder were to occur during a crime everyone would be responsible.
“So, for example, if you’re robbing a bank and one of the guys in the crew murders the teller, everybody could be on the hook for murder.” Said Holescher
Holescher says the Law of Parties even applies to juveniles.
San Antonio police say he was jumped by a group of five individuals — one adult and four teenagers.
Authorities arrested 18-year-old Fernando Flores in August, accusing him of being the shooter. He remains charged with capital murder.
Another suspect, 20-year-old Cesar Tijerina, died from a self-inflicted gunshot wound after fleeing to Laredo. He later died at a San Antonio hospital.
A few days after Flores’ arrest, police took two brothers, ages 14 and 16, into custody and charged them with capital murder.
On Thursday, a judge reduced those charges to assault causing bodily injury.
A fifth suspect, identified as 17-year-old Andrew Cantu, remains at large.
Joe Hoelscher, an attorney not connected to the case, said prosecutors will often reduce charges for murder, because it’s a lot easier to prove.
“You don’t have to prove that somebody intended the death of the deceased individual,” Hoelscher said. “You can prove that it was done recklessly, as well as intentionally or knowingly.”
He explained that prosecutors consider multiple factors when deciding charges — including the level of involvement, available evidence, and whether a suspect is cooperating.
“A lot of times when prosecutors are looking at charging, what they’re looking at is the relative culpability of the individuals,” Hoelscher said. “If the killing itself wasn’t foreseeable as part of what the group planned, these are all things a prosecutor might take into account. Their job is to see that justice is done — not just to get the highest possible conviction.”
The Bexar County District Attorney’s Office confirmed the reduction in charges but declined to comment further, citing the ongoing investigation.
Hoelscher added that the charges against the two teens could still be upgraded again by prosecutors.
We did reach out to Simon Cuevas’ mother, Alejandra who sent us this statement.
“It’s upsetting I feel like my son’s death is being minimized. He was beaten and killed yet the charges don’t reflect the seriousness of what happened . These individuals should serve real time and truly pay the consequences. They need to be held accountable. “