Days after convicting him of murder for shooting his ex-girlfriend, Marissa Jernigan, the jury has started the punishment phase of his trial.
Prosecutors told Bexar County jurors who convicted Brian Ontiveros of murder that they would see evidence linking him to gang activity and obtained permission from a judge to allow photos to be taken of his tattoos.Ontiveros shot Marissa Jernigan, 20, his ex-girlfriend, multiple times on June 8, 2017, because she did not want to get back together with him and “be a family” with their son, Ryder, according to testimony. The jury found him guilty on Friday.
Prosecutors presented state District Judge Michael Mery with three motions, seeking his approval to allow photographs to be taken of Ontiveros’ tattoos over the lunch hour so they could show the jury his purported gang affiliation. Mery agreed and also ordered the defendant to be fingerprinted, a formality to confirm his identity when prosecutors move to revoke the deferred adjudication probation from another crime that Ontiveros was serving at the time of the shooting.
Mery did not grant a third motion by prosecutors, to show police body camera video of first responders and a bystander conducting CPR on Jernigan as she was near death in her Northeast Side apartment complex after the shooting. As he did last week during the first phase of the trial, Mery sustained the defense’s objection and did not allow it.After the shooting, Ontiveros fled to Mexico, where his father lives. He was on the run for two years and nine months before the U.S.
“He was not visiting his father,” prosecutor Joshua Sandoval told the jury. “He fled to avoid prosecution, officers, detectives, U.S. marshals.”
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