Murder trial dismissed, defendant to be released from custody
LUBBOCK, Texas (KCBD) - The murder trial for 32-year-old Isaias Cabello has been dismissed due to testimony presented during the trial. Cabello was on trial for the 2015 murder of 22-year-old Henry Anderson.
According to the Lubbock County District Attorney, a witness in the trial changed his testimony. Five years ago, the witness told police he did not see certain parts of the crime. Tuesday morning he said he didn’t want to testify and says he saw the man with the gun, and denies telling officers he did not see the crime.
“Today in testimony there was a witness who turns out to be probably the closest eye witness to the crime who was known to police at the time. His statement today was remarkably different than what he told investigators in 2015,” said Assistant District Attorney Barron Slack.
Given these developments, the prosecutor felt they could not prove the murder charges beyond a reasonable doubt, also adding it was a drug deal that ended in the death of Henry Anderson.
Cabello’s defense attorney, Kris Espino, told KCBD, “As relieved as we might be, we still just want justice for the Anderson family. But at no point did the witness change his testimony.”
Because of the dismissal, Cabello cannot be tried again unless new evidence is presented. Cabello will be immediately released from jail. He has been in custody since April 2018.
These developments come one day after jury selection. The prosecution gave opening statements, and the decision was made to dismiss the case. The defense did not give opening statements in the trial.
On Thursday, December 3, 2015 at 7:23 p.m., police were called to assist EMS treating a shooting victim.
While driving down 34th Street, the ambulance was flagged down by people in a Ford F-150 at 34th Street and Indiana Ave. Paramedics began performing first aid on the victim, 22-year-old Henry Anderson. He died in the ambulance at the scene.
Police had responded to reports of gun shots six minutes earlier near 2006 Cedar Ave, which detectives later determined was the scene of the shooting.
Later that night, detectives obtained a murder warrant for Cabello.
After a two-year manhunt, Cabello, was arrested by U.S. Marshals in Colorado Springs, Colorado on April 24, 2018 and has remained in a Lubbock jail since May 9, 2018.
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