EL PASO, Texas (AP) - A new trial will be held in May for a man whose conviction as a teenager for two murders was recently overturned on appeal, a West Texas judge said Tuesday.
Daniel Villegas, 37, was released on bond last week after the Texas Court of Criminal Appeals overturned his conviction, ruling that Villegas’ received an ineffective defense during his second trial in 1995. His first trial, in 1994, resulted in a hung jury with 11 jurors asking for a guilty verdict.
State District Judge Sam Medrano Jr. scheduled a new trial in El Paso for May 28.
Villegas was 16 when he was accused in a drive-by shooting in El Paso that killed two other teenagers, Armando Lazo and Robert England. Villegas was later convicted and sentenced to life in prison, but he has maintained his innocence. He said he originally confessed because a detective said he would face the death penalty and be raped in prison.
During a series of hearings in 2012, Villegas’ attorney for the 1995 trial, John Gates, said he did not have enough time to prepare. He called just one witness during the trial, whereas 18 witnesses were called by his attorneys during the 1994 trial.
Present attorney Joe Spencer contends prosecutors lack evidence to retry his client. Prosecutor John Briggs says prosecutors remain undecided on what to do with the case but are preparing for trial in the meantime.
John Mimbela, a local businessman who has backed Villegas’ effort to overturn his conviction, said that after being released from prison, “Daniel has been living like in a dream.” But after hearing a new trial would be held, “I think he woke up,” Mimbela said.
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