Suspect in 2021 murder faces enhanced charge

AUSTIN (KXAN) — A suspect in a 2021 stabbing was arrested by the Lone Star Fugitive Task Force Tuesday under an enhanced charge, according to a Thursday press release from the Austin Police Department.

KXAN previously reported on the 2021 stabbing at an East Oltorf Street gas station. APD officers were called to the scene after an injured, unresponsive man was found there. Nikolas Eugenio Martinez, 23, died from his injuries at the scene.

Mithovar Antoine Jr., 22, now faces a charge of capital murder. He was initially charged with first-degree murder. The enhanced charge was issued on Sept. 18.

The change in charge carries a potential sentence of life in prison or the death penalty, should a jury convict Antoine of the charge. It also carries stricter criteria for a jury. If a jury isn’t convinced beyond a reasonable doubt, they may decide to instead convict him on the previous charge, per Texas law.

The following is a statement from Antoine’s attorney Brian Erskine.

I’m looking forward to working with Mr. Antoine, and am hopeful that justice will prevail after a thorough investigation. Please keep in mind that the case developments are new and still unfolding. There is always more to the story with patience and an open mind for the truth.

Brian Erskine

Antoine is currently at the Travis County Jail awaiting trial.

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