Man re-indicted on criminal activity charge
Oct. 26, 2012 at 5:26 a.m.
A grand jury Thursday re-indicted a Victoria man whose trial on attempted murder last week ended in a hung jury.
One out of the 12 jurors was not convinced then that Hilario Figirova Jr., 29, of San Antonio, was guilty of engaging in organized criminal activity with members of the Hermanos Pistoleros Latinos gang the night of Sept. 7, 2008.
That's when the prosecution said Figirova shot Eric Cavazos twice - once in the arm and once in the head - after the two got into an argument at Shooters, a club at 4102 N. Navarro St.
Cavazos survived but was blinded as a result of the incident, Criminal District Attorney Stephen Tyler said.
Because there needed to be a unanimous decision, Judge Kemper Stephen William declared a mistrial.
The new indictment consolidates two cases into one.
It alleges Figirova committed the offense with Christopher Allen Rivera, 27, of Victoria, and charges the two with conspiring and attempting to murder another man, Vincent Rosales, on Nov. 19, 2008.
Tyler said arranging it this way means he doesn't have to present the same case, over and over again.
Defense attorney Richard W. Rogers III maintains Figirova was not involved in either of the shootings. Rogers said this change does not affect how he will prepare for the case to go to trial, which Tyler estimated would start in about two weeks.
"I'm ready to go," Tyler said Thursday. "The sooner, the better."
Rivera did not appear to have an attorney as of Friday afternoon.
Figirova was arrested in February by Department of Public Safety troopers. He was one of Texas' 10 most wanted fugitives, according to earlier reports.