Hearing held on whether 2 suspects charged in Deputy Darren Almendarez's murder will receive bail

HARRIS COUNTY, Texas (KTRK) -- On Tuesday, two men accused of killing an off-duty Harris County Sheriff's Office deputy will find out if they will remain behind bars or be granted bond.

The suspects are accused of killing Deputy Darren Almendarez back in March after he caught them in the act of stealing the catalytic converter from his personal truck. As the three men drove away, they shot at Almendarez, who returned fire.

Two of the three suspects are facing the death penalty for the alleged crime.

SEE RELATED STORY: State to seek death penalty on 2 other suspects in murder of HCSO Deputy Darren Almendarez

In order to keep the men behind bars while the case makes its way through the legal system, prosecutors must convince the judge that Joshua Stewart and Fredarias Clark are guilty and a jury will sentence them to death.

The proof evident hearing is set to happen Tuesday.

ABC13 spoke to Clark's attorney who said even with the serious nature of the allegations, his client is entitled to a bond.

"The State doesn't get to hold you without any hearing and there are several levels of hearing. This is the proof evident one so that the judge can set them a bond, and reasonable bond is not supposed to be an act of repression," said Philip Scardino, Clark's attorney.

A statement from the Harris County Deputies Organization said, "These murderers have already demonstrated a total disregard for human life with the senseless killing of Deputy Almendarez. They should remain behind bars through their Capital Murder trial."

Frederick Tardy, the 17-year-old charged in this case, is not facing the death penalty.

The district attorney's office is expected to call witnesses and show video during the hearing.

WATCH ORIGINAL REPORT:

Authorities say Deputy Almendarez protected his wife in his final moments.

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