In a legal twist that has stirred the San Antonio community, two teenage brothers initially charged with the capital murder of 14-year-old Simon Cuevas have seen their charges significantly downgraded to assault causing bodily injury. This development follows months after Cuevas's fatal shooting which occurred near Brewer Academy in April. The Bexar County District Attorney's Office made the announcement, stating the reduction was based on evidence, according to a report by KSAT.
The case has brought to light the complexities of the "law of parties" in Texas, which can hold individuals accountable for crimes committed by a group they associate with. Attorney Joe Hoelscher, who is not involved in the case, explained, "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." Hoelscher further pointed out that this law also applies to juveniles, as detailed in an interview with KENS 5.
Simon Cuevas was attacked and fatally shot in April while walking home from school. Authorities have pointed to a group of five individuals, including one adult and four teenagers, as the assailants. While the two brothers, aged 14 and 16, have had their charges downgraded, the older teen suspects continue to face more severe repercussions. Eighteen-year-old Fernando Flores, arrested in August, is still charged with capital murder, while another suspect, Caesar Tijerina, died of a self-inflicted gunshot wound. Seventeen-year-old Andrew Cantu remains at large, according to KSAT reports.
Assistant District Attorneys might frequently opt to reduce murder charges as they are easier to prove than capital murder. "You don't have to prove that somebody intended the death of the deceased individual," Hoelscher said. Proving that a crime was committed recklessly is often sufficient for a conviction, which could explain the rationale behind the current decision. The Bexar County District Attorney's Office confirmed the reduction but declined to comment further, highlighting the ongoing nature of the investigation, as noted by KENS 5.
The mother of the deceased, Alejandra Cuevas, expressed her dismay regarding the new developments, stating, "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," a sentiment she shared with KENS 5. Her words underscore the gravity of the situation and the pain felt by those left behind.
