TYLER, Texas — The Smith County District Attorney's Office announced prosecutors will seek the death penalty for one of three men accused of killing a 17-year-old boy while trying to rob him last summer.
Andres Urrutia, Lorenzo L. Martinez and Jason Rhodes are all charged with capital murder in connection with the shooting death of Jesse McNeely on June 30, 2021.
In a court filing on Friday, Smith County District Attorney Jacob Putman notified the 114th District Court that the state will seek the death penalty in Urrutia's case.
Urrutia and Martinez were arrested on July 3, 2021 in Galveston County, and they remain in the Smith County Jail. The Smith County Sheriff's Office said Rhodes was arrested in early December after a pursuit involving law enforcement.
According to an arrest affidavit, Rhodes, Urrutia and Martinez were trying to rob McNeely and his friend outside of a residence in the 3200 block of Omega Drive.
McNeely was speaking with his friend outside of his home when a vehicle pulled up and a man got out with a handgun. The man from the car demanded McNeely and his friend’s property. They said they didn’t have anything, so he told them to give him their car keys.
McNeely and his friend started fighting with the man trying to rob them, and during the struggle, McNeely was shot and killed, the affidavit stated.
Surveillance video showed the fight began between McNeely and the man from the car. McNeely’s friend got involved in the fight and then a second man got out of the vehicle to help the first man. The detective noticed the flash from the gun during the fight followed by another flash. The second shot struck McNeely and the two men from the car fled, the document read.
The state has not made a filing to seek or not seek the death penalty in Martinez or Rhodes' cases, according to court records. Both remain jailed on the charge.