The long delayed capital murder trial of San Antonio resident Frank Falcon opened Tuesday in Bexar County, nearly three years after authorities say he killed his mother on July 14, 2022. Falcon faces a capital murder charge, and the case was called in the 226th Criminal District Court before Judge Benjamin Robertson as attorneys and prospective jurors began filing in.
Proceedings were set to start Tuesday afternoon in Judge Robertson's court, according to KSAT. Lawyers handled routine pretrial matters while the court prepared for jury selection and argument on motions, marking a new phase in a case that has sat on the docket since the summer 2022 shooting.
What Happened in 2022
Officers were called just after 2 a.m. on July 14, 2022, to the 300 block of Gillette Boulevard, where they found a woman in her 60s dead and a 64 year old man with a graze wound to the head, according to mySA. Police said the suspected gunman drove off in a gray vehicle and was later arrested at a home where he had recently been evicted.
Investigators also reported that a 9 year old child who lived in the home with her grandparents was inside at the time but was not injured. Early booking information from 2022 showed Falcon facing counts of murder and aggravated assault.
Charges and Court Records
Court filings and local reporting indicate Falcon was initially charged with capital murder and aggravated assault with a deadly weapon. Bexar County records show the aggravated assault count was dismissed in October 2022, according to KSAT. That dismissal leaves a single capital murder charge as the focus of the trial.
During Tuesday's opening session, attorneys used the time to argue standard pretrial motions and sort through procedural issues as the court readied itself for jury selection and eventual witness testimony.
Legal Stakes
Under Texas law, capital murder is classified as a capital felony that can result in either life in prison without the possibility of parole or the death penalty, according to the Texas Penal Code. If prosecutors pursue a death sentence, the case moves into a separate punishment phase after a conviction.
Prosecutors are required to notify the court in advance if they intend to seek capital punishment. Defense teams in such cases typically file extensive pretrial motions aimed at shaping what evidence jurors will hear and at building mitigation arguments for any potential sentencing phase.
Jury selection and testimony are expected to take up the coming days as the 226th Criminal District Court works through a capital trial schedule. Local reporters and official court calendars are set to track each development as witnesses take the stand and the court issues rulings on key motions.
