A Lubbock County District Court will proceed as planned with a capital murder trial, despite the defense requesting a change of venue and the dismissal of seated jurors.
Brian Suniga, 34, is behind bars at the Lubbock County Detention Center. He is going on trial for the 2011 murder of 26-year-old David Rowser, an employee at the "One Guy from Italy" restaurant.
Police said Suniga and his cousin, Sesilio Lopez, robbed the restaurant at 50th Street and Quaker, allegedly shooting Rowser on the way out.
KCBD ran a story last month that gave some background information about Suniga. That information was obtained from public court documents. None of the information in that repot was obtained from conversations with anyone connected to the case; however, the defense still claims that report could influence Lubbock jurors.
In response, the court has issued a gag order preventing any communication regarding this investigation and prosecution with media. The defense wanted to go even further, but the judge denied their requests.
The gag order, issued by Lubbock State District Judge Jim Darnell, prohibits attorneys, witnesses, investigators and others involved in this investigation and/or prosecution from talking to the media.