Jury finds man not guilty of killing BP agent

After hours of deliberation, a jury has found the man accused of stabbing and killing an off-duty Border Patrol agent as not guilty.

This was the second trial for Hisaias Justo Lopez, accused of killing 30-year-old Isaac Morales.

Police said Lopez stabbed Morales in the eye on May 20, 2017 outside the Union Draft House, which is located in the 12000 block of Tierra Este in Far East El Paso. The Border Patrol agent died from his injuries four days after he was stabbed. The first trial of Lopez, charged with Murder, ended in a mistrial after a jury said it could not reach a verdict based on the evidence it was provided.

During closing arguments Thursday, prosecutors argued Lopez provoked the fight and there was no evidence suggesting agent Morales used deadly force during the fight. “The defendant had knowledge of what he had done to Isaac Morales,” the prosecutor said, arguing Lopez deliberately stabbed Morales in the eye and knew his actions were deadly.

The defense argued agent Morales and the group he was with were drunk and that it was Morales who instigated the fight with Lopez. It argued Lopez is seen in surveillance footage trying to back away, which demonstrated he wanted the fight to end, and Morales pursuing Lopez. “It is always tragic when someone dies, but it is not always a crime,” the defense argued.

The prosecution’s first witness Tuesday was agent Morales’ common-law wife, Yasmi Gonzalez. The woman was with Morales when he was stabbed and killed outside the bar. Gonzalez testified that as they were leaving the bar, they could hear Lopez arguing on the phone. The woman said Morales made a comment and that’s when an argument ensued. When Morales showed Lopez his border patrol badge, Lopez swatted the badge out of Morales’ hand, Gonzalez testified. The woman said Lopez then pulled out a knife and threatened to kill them.

El Paso Firefighter Robert Mendoza, who arrived at the scene moments after Morales was stabbed, testified Tuesday, telling the jury Morales’ “left eye was destroyed.” The firefighter also told the jury Morales was “posturing,” which indicates brain damage. “They tried using straws to secure his airway and a tube was inserted through the nose to pull his tongue so it didn’t fall back. He was breathing deeply and quickly,” Mendoza recalled.

The defense attorneys representing Lopez argued their client acted in self-defense. During the defense’s questioning of Gonzalez, the defense showed screenshots from a surveillance camera at a nearby gas station. The images were recorded moments before the stabbing. In the photos, you can see Morales and one of his friends following Lopez as Lopez walks away. The defense also argued, that one point, Morales punched Lopez.

Wednesday, Lopez testified in his own defense moments after his wife, Misty Lopez, was called to the stand. Lopez said he and his wife were out on a date night at the Union Draft House, where they had two drinks each, a tall beer and a tequila shot. Lopez said his wife didn’t feel good after leaving the bar around 1:47 a.m. and he lost track of her. Lopez told the jury he was looking for his wife when he ran into agent Morales, Cesar Lopez, and Morales’ wife in the parking lot. Lopez said the group instigated a fight, saying the two men were punching and kicking him. Lopez further testified he tried to leave the scene to help his wife, but says the assault continued.

Testifying earlier in the day, Misty Lopez, told the jury she drank a tall Bud Light and a Patron, and the next thing she remembers is “waking up in a field.” The woman told the jury she could not remember a lot of what happened the night the federal agent was killed.