Man charged with murder claims double jeopardy if retried in shooting death case
EL PASO, Texas -- An appellate court is now deliberating whether Moises Galvan, an El Paso man accused of murder more than five years ago, can be tried again for the deadly shooting.
On Aug. 9, an appellate attorneys for Galvan filed a motion with the 8th Court of Appeals asking the court to dismiss the murder charge.
El Paso police arrested Galvan for shooting and killing Rogelio 'RJ' Franco on Jan. 28, 2017 outside a bar in east El Paso. Galvan pleaded not guilty, claiming the shooting was in self-defense.
The case went before a jury in the summer of 2019 but it ended in a mistrial, with the judge citing prosecutorial misconduct.
In his filed motion before the 8th Court of Criminal Appeals, Galvan argues that because the prosecution caused the mistrial the U.S. Constitution bars a retrial under the 5th amendment, which protects from double jeopardy.
Meantime, the Texas State Commission on Judicial Conduct is investigating that judge for his handling of Galvan's trial. Nearly two dozen people filed complaints with the SCJC, claiming 168th District Court Judge Marcos Lizarraga acted inappropriately during the trial.
In an email on Aug. 15, the SCJC told ABC-7 the matters involving Lizarraga are "in formal proceedings, which means it's in litigation." The SCJC executive director said attorneys for both sides are gathering evidence and conducting depositions.
The SCJC said there is no trial date set at this time.
Earlier this year, Lizarraga agreed to recuse himself from the Galvan case and move the case to another judge.
Wednesday, Visiting Judge Stephen Ables issued a ruling to allow Galvan's remaining defense attorney Luis Yanez to withdraw from the case and to appoint him a public defender.
However, Judge Ables said they won't move forward with a new criminal trial until there is a ruling from the appellate court.
The Galvan case and the misconduct allegations were covered extensively in the Borderland Crimes podcast.
