Victor Cuevas also known as “Tiger Man” is back in the headlines.
This time due to a conviction stemming from a 2017 murder case that has been returned to the 240th District court for retrial. Cuevas is widely known due to a separate incident involving a tiger in Houston. The reversal of a murder conviction is rare but legal experts say it occasionally happens.
Cuevas’ defense attorney Michael Elliott, says he isn’t surprised at all by the higher court’s reversal. “Outstanding result. Justice was served by the Court of Criminal Appeals. I’m very happy they did the right thing. They had the courage to stand up and do the right thing and reverse this travesty.”
Cuevas was convicted and sentenced by a jury to 18 years in prison in 2022. The prosecution was led by Assistant District Attorney Alison Baimbridge before former Judge Frank Fraley. The Court of Criminal Appeals says Cuevas deserves a retrial due to errors by both. Elliott says “It’s what should have happened. This was a terrible tragedy that the judge and the prosecutor let this happen. They were flat wrong, and I told them all along. They were wrong on the law and it turns out the Court of Criminal Appeals just said Mike was right.”
Procedural History
After conviction and sentencing, an appeal was filed in the Fourteenth Court of Appeals. The court acknowledged there were errors throughout the trial and in the jury instructions given by Judge Frank Fraley but ruled the error was not harmful, and affirmed the conviction. A second appeal was filed with the Texas Court of Criminal Appeals. That court reversed the lower court’s ruling, finding errors throughout the trial that were harmful. The case has been sent back to the 240th for a new trial.
Key Legal Issue
The central issue involves the incorrect jury instructions on self-defense. The prosecutor, Baimbridge argued that a Defendant cannot claim self-defense if engaged in criminal activity. The defense team argued this was incorrect under Texas law. Judge Fraley overruled the defense’s objections multiple times.
Defense documents argue the murder was in self defense and in response to a drug deal gone bad. The argument laid out by the defense asked why Cuevas would shoot the man he was attempting to sell marijuana to.
Elliott emphasized the court’s reversal has big legal consequences. “You’ve got the right to defend yourself.” The higher court ultimately agreed the law was misstated to the jury and this likely affected the verdict, making the error harmful.
Next Steps
The case will come back to the 240th District court. This could take some time.
Cuevas will be brought back from custody. He is currently serving time at the Texas Department of Criminal Justice – Memorial Unit in Rosharon and may possibly be released on bond pending retrial.
The District Attorney’s office must decide whether to retry the case, or potentially negotiate or dismiss.