Garza awaits jury's verdict in murder trial

Jury deliberations will resume today in the murder trial of Nestor Garza, who is accused in the stabbing of Brownsville artist Alfredo Bustinza.

The jury deliberated for about an hour and a half Wednesday afternoon before retiring for the day. The case is being tried before 357th State District Judge Leonel Alejandro.

Garza, 41, is accused of stabbing Alfredo Bustinza on Aug. 20, 2005 inside the Tucan Bar at 12th and Jackson streets. According to court testimony, Bustinza's body was dragged out of the bar and dumped on the sidewalk. He died about one hour later at Valley Baptist Medical Center-Brownsville.

During closing arguments, Cameron County Assistant District Attorney Bernard Ammerman said Bustinza was "butchered" by both Garza and co-defendant Arturo Rodriguez, who was convicted of the murder in 2006.

"Nestor is punching (Bustinza). He is participating in this murder," Ammerman said.

According to court testimony, Bustinza was beaten and stabbed at least eight times while at the Tucan Bar with his mother, Frances Bustinza and acquaintance Jose Felix Rodriguez.

"He was being held down and stabbed to death and hit to death," Ammerman said. "This is not an assault case. This is a murder."

Defense attorney Dan Sanchez said if Garza is guilty of anything, he's guilty of throwing a couple of punches at Bustinza. The defense contends that Garza was at the "wrong place at the wrong time."

"There is no doubt that someone died and that someone was stabbed," Sanchez said. "Nestor has nothing to do with it."

He added that the facts of the case failed to show that Garza and Rodriguez worked together to commit the offense.

Earlier in the trial, witnesses testified that Garza held down Bustinza while Arturo Rodriguez stabbed.

However, in a video deposition, Arturo Rodriguez said that he alone stabbed Bustinza and that Garza was not involved.