A Bexar County jury was sworn in Monday as the state opened two cases accusing Jesus Prado of shooting two on-duty peace officers and attempting to set his home on fire.
Prosecutor Melissa Alban told jurors the evidence will show that on Oct. 19, 2023, Prado poured gasoline near his garage and, after police arrived, fired multiple rounds from a second-floor window, wounding Officers Santiago Viscara and Nicholas Swain. "He unleashed about 17 or so rounds on these unsuspecting officers," Alban told the jury during her statement previewing the state's case.
The state introduced documentary evidence and testimony on Monday that it said will support that account: screenshots of text messages in January and in October 2023 containing threats, surveillance video of an argument and a 911 call in which the witness who later testified identified the defendant and reported he was "hauling gasoline" and appeared to try to ignite it.
Monette Ellis, the defendant's estranged wife, was the state's first witness. Ellis identified screenshots the state entered into evidence in which, she said, Prado alternated between conciliatory messages and threats to "burn the house down" and told her, "you'll regret this." She testified she called police on Oct. 19 after seeing Prado pour gasoline down the driveway and into the garage and that she heard him say in the background, "I'm gonna shoot them," while he was moving rifle magazines and a torch.
The court admitted the surveillance photos and video (marked as State's Exhibits 9 and 14) and a recording of Ellis's 911 call (State's Exhibit 10) without objection. In the 911 audio played for the jury, the caller describes the defendant pouring gas through the house and urges dispatch to send officers immediately.
Defense counsel Ernest Acevedo acknowledged the seriousness of the facts but urged jurors to consider context and mitigation evidence. "Since day 1, this does come down to a minute of his life," Acevedo said in his statement, arguing jurors should weigh Prado's life history, recent bereavement and possible head injuries in assessing culpability and future danger.
Judge (presiding) confirmed to the record that the state was in compliance with discovery and advised the defendant of the possible sentencing ranges conveyed on the record: the judge said each charged count carried a potential punishment "from 5 to 99 years or life in prison" and up to a $10,000 fine. The court recessed for lunch and instructed jurors not to research the case or discuss it before returning at 1:15 p.m.
The prosecution said the trial's evidence will include testimony from officers, medical witnesses and additional documentary exhibits. The defense signaled it will present evidence about Prado's background, mental-health evaluations and mitigating circumstances. The trial is expected to continue after the lunch break with additional testimony and evidence presentation.