Jury deliberations continued late into Thursday evening to decide whether a Port Arthur man is guilty of murdering a Cicis Pizza customer in front of his family at a busy Beaumont intersection nearly three years ago.

Nearly eight hours passed without a decision in Texas’ 252nd Criminal District Court presided by Judge Raquel West following closing arguments.

Martin Pettway is charged with murder in connection with the August 2019 death of Jesse Rodriguez. He pleaded not guilty and chose not to testify in the long-awaited trial that began with opening arguments on Tuesday.

Police believe Rodriguez and his cousin were turning left at the intersection of Dowlen Road and the U.S. 69 service road when a vehicle pulled up and began shooting after the light turned green. Rodriguez was shot in the back of the head as the other vehicle turned right on Dowlen Road, the state previously said. 

Rodriguez, along with family and friends who were in at least two vehicles behind him at the intersection, were leaving a family outing a Cicis Pizza, where he would have his last meal with them shortly before the shooting occurred.

The jury learned from police and witness testimony that a verbal altercation was prompted by a chair bump as Rodriguez was leaving his table and Pettway was leaving the restaurant.

Pettway's defense lawyer Audwin Samuel asked the jury throughout the week's testimony to consider the complexion of a second person, Xavier Parrish, who was in the car involved in the shooting with Pettway and two other women. All four individuals were charged with murder with the others considered accomplices.

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The women who were in the car, and dating Pettway and Parish at the time of the killing, during their testimony said they believed Pettway was the shooter. The jury also heard from multiple law enforcement officials, expert witnesses, family members and friends who were at Cicis Pizza. Some of the witnesses provided conflicting descriptions during the testimony as they recollected the series of events.

Using a backpack as a prop and a large binder containing a book of laws, Samuel reminded the jury of the law, their oath and said the state failed to fill the bag full of the evidence required to prove beyond a reasonable doubt that Pettway was the shooter and guilty of murder.

He read off each witness who testified in his nearly 20-minute long closing argument in an effort to sway the jury of the lack of definitive proof.

"You were not called here to solve this case," Samuel said. "You were called to make a decision based on the evidence presented.Out of 16 witnesses, none of them saw him with a gun. None of them saw him shoot."

During the trial, the jury heard from Taylor Jones, who was dating Parrish at the time. She testified that she saw Pettway with a gun in his hand after she heard gun fire. Samuel questioned the credibility of her testimony due to the relationship she had with Parrish.

He also reminded the court that the law requires the testimony of co-defendants in a case to corroborated by other evidence in determining the verdict.

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State Prosecutor Luke Nichols, in his closing arguments, argued there was no doubt that Pettway was the shooter and that five bullet shells found on the scene where the shooting occurred fulfilled the requirement.

Nichols denied the defense's argument that this was a "reckless act by a jealous lover" referring to earlier testimony that suggested Jones and Parrish were upset about a joke that involved Rodriguez's unaware table. The joke involved her acting like she would drop her phone in front of the table to get the men's attention and make Parrish jealous. The state said there was nothing to support this defense.

Instead, Nichols said Rodriguez was targeted after the verbal altercation at the restaurant, which also continued in the parking lot where Rodriguez and his cousin were allegedly circled by the car before the deadly shooting occurred. He called the "senseless" act intentional during his approximately 10-minute long second portion of the state's closing argument.

Murder trial questions who actually shot victim

"You have eye witness testimony, you have the corroboration that you need," Nichols said. "You can't make sense of something that is senseless, but you can do what is right. The Rodriguez family, Jesse's friends, the entire community has waited almost three years for justice. Justice in this case is a guilty verdict that Martin Pettway killed Jesse Rodriguez and that is what I am asking you to do."

A large portrait of the late Rodriguez was displayed in front of the jury during closing arguments. 

The jury is expected to resume deliberation Friday morning.

Meagan Ellsworth is the public safety, breaking news and general assignment reporter for the Beaumont Enterprise.