Jury deliberating life-or-death sentence for man convicted of murdering Sheriff’s deputy

Update: The jury left the courtroom to deliberate Tuesday afternoon.

Update: The defense team is asking for a mistrial. They argue that the prosecution team did not properly warn the victim's family before they showed graphic video of the aftermath of the shooting. The lawyers argue that the family's reaction may have influenced the jury.

ABC-7 crews in the courtroom observed the judge criticize the prosecution team before saying that they would take the request for mistrial under consideration.

EL PASO, Texas (KVIA) -- The third day of the sentencing trial for Facundo Chávez, the man convicted of shooting and killing Deputy Peter Herrera, continued with Chavez's sister's testimony. Defense attorneys asked the media to not disclose her name, or take of video of her, due to her fear of being let go from her job.

Once Chavez's sister took the stand, she began to cry when the defense asked what her nickname is for her brother, Facundo.  

She called him "Jay, or Junior."

She spoke about her upbringing with her brothers in Albuquerque, New Mexico.

She said her stepfather, Facundo Chávez Sr., would hit her mother almost everyday. She said she took on the role of trying to protect her younger brothers by hiding them in rooms or closets growing up.

To explain their relationship, she told a story about a time a family member tried to sexually assault her at nine years old, and a 6-year-old Facundo fought of the attacker.

After eventually moving to El Paso without her stepdad, she said Facundo stopped coming around to their house. That was around the same time he started seeing Arlene Pina.

She said she "didn’t know him," when he was with Arlene and using drugs.

After finding out about the news on March 22, 2019, she and her mother were in disbelief and started to pray for deputy Herrera, hoping he would be okay.

"I’m no one and I’ve never tried to justify what he did, but at the end of the day that’s my little brother and because I’m here for him doesn’t mean I justify anything he did," she said.

Both the state and defense rested their cases, closing arguments will continue at 1:00 pm.