State plans to refile capital murder suspect's case after charges dismissed in court

HOUSTON, Texas (KTRK) -- A capital murder suspect is out of jail after his charges were dismissed in court this week.

Jamari Martinez was set to go to trial in March for the shooting death of two people at his apartment near Springwoods Village Place.

The Harris County District Attorney's Office said the case will be refiled in the very near future and feels it is not appropriate to comment at this time.

Loved ones of the victims told ABC13 they feel the prosecutor undertaking the case is working hard and doing everything possible within the law to best secure a conviction.

"We went through the court process as quickly as we could, and then it came time for them to have to put their case in front of a jury, and at this point, they can't do it," Joe Vinas, a criminal defense attorney, said.

Vinas told ABC13 he was ready for Martinez's trial, but the state wasn't.

He said the Harris County District Attorney's Office was violating the Speedy Trial Act after taking well over 180 days to take his client's case to trial.

Martinez had been sitting in jail, accused of the shooting death of two people in June 2021.

According to court documents, Martinez's nephew Jamariyon Charles also has charges in connection to the 2021 case.

Court records show Martinez's defense attorney filed a motion to dismiss the case after a delay of more than two years. He says delays in part stem from one of the state witnesses being in federal custody on multiple charges.

"They said he was unavailable, they couldn't get him, they asked for more time. The judge granted it. And then we came back even the time they've asked for now still violated the speedy trial issue, so that was when they just hung it up for now," Vinas said.

Vinas said if the state refiles, they'll be ready.

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