Up On July 18, Luis Guajardo was sentenced to 5 years confinement in a Texas Department of Criminal Justice prison and 10 years probation at Travis County's Intermediate Sanction Facility.
AUSTIN (KXAN) -- A sentencing hearing for 21-year-old Luis Guajardo related to the May 2022 death of 38-year-old John Salem began Thursday. He's charged with manufacturing and/or delivering a controlled substance that caused death or serious bodily injury.
As the court recessed around 3 p.m., the state asked that Guajardo complete a drug test before leaving the courthouse. After the test, the bailiff announced he tested positive for marijuana, therefore violating a condition of his bond.
Judge Dayna Blazey revoked his bond, and Guajardo was placed in handcuffs.
The hearing will continue Friday at 1:30 p.m.
According to Guajardo's affidavit, he sold counterfeit Percocet pills to Salem, and the investigation revealed the pills contained fentanyl.
In May, Guajardo pled guilty, but the plea was not part of a plea deal. Instead, he opted to forego the guilt and innocence portion of the trial and move forward with the punishment phase. Judge Dayna Blazey will listen to testimony and then determine his sentence.
More about John Salem, family testifies
Salem's mother, Libby Pender, and older brother Stewart Mann testified first.
John Salem died from fentanyl poisoning in 2022.Pender said Salem graduated from Texas A&M University and had been working as a business developer. He was on the brink of closing the biggest deal of his career when he passed.
“John was the funniest, friendliest person you could ever imagine, the kindest, big-hearted,” Pender said when we spoke with her in May. “He didn’t care what walk of life you were in. He was your friend.”
While on the stand, both Pender and Mann looked through photos of Salem and the family.
"Conley's on John's shoulders," Mann said, describing a picture of him, Salem, their third brother, and Mann's children. Conley was Salem's nephew. "John was his godfather."
Mann and Pender found Salem dead in his New Braunfels home.
"I see Stewart flying out the door yelling 'Call 911, call 911, he's cold already," Pender testified. "I saw him lifeless in bed. I kept shaking him, saying 'Wake up, wake up.'"
The family has attended court hearings for almost three years, hoping to see the case move forward.
State: Guajardo is not taking process seriously
The State addressed social media posts of Guajardo outside of the courthouse mocking the judicial process he's going through following his arrest, as well as additional posts showing Guajardo with firearms.
Pender said Guajardo displayed a "complete disregard" for Salem's life.
Guajardo's attorney Robb Shepherd argued Salem sought out the drugs. Pender said Salem was not a consistent drug user, and he did not know fentanyl was in the pills.
“The lightheartedness my family had is no longer there.”
Stewart Mann, victim's brotherAccording to Guajardo's arrest affidavit, Guajardo specifically told Salem the pills he sold him did not contain fentanyl.
New Braunfels Police Officer John Miller, who investigated the case, testified after Salem's family did. He said white residue was found in Salem's bed, and assorted pills were found in prescription bottles.
Guajardo's family says he has strong support
Three of Guajardo's loved ones testified on his behalf: his cousin, mother and fiancée.
"[He's] seen a lot. We're not those people anymore. It's a big deal for him to have kept [his ankle monitor] on. He has support. Apparently church is working for him," Guajardo's cousin Desiree Garcia said.
During cross-examination, the State asked Guajardo's family members about the social media posts. Their responses were limited.
Family members said he dropped out of high school in the tenth grade due to a combination of the family's inability to afford internet during COVID and various learning disabilities.
Guajardo testified himself, he took the stand at around 2:30 p.m. He said he first met Salem when Salem was drinking in Austin, and the two exchanged numbers after Guajardo gave Salem food and water and encouraged him not to drive home.
Some day later, Guajardo said Salem asked if Guajardo could get him "pills," which is how the initial conversation about the drugs began.
Harsher penalties for fentanyl dealers, manufacturers
In 2023, Gov. Greg Abbott signed a bill that allowed prosecutors to seek murder charges for fentanyl dealers or manufacturers when a recipient dies as a result of the drug.
The law took effect Sept. 1, 2023. For context, Guajardo’s case happened before the law went into effect.
The law states a suspect must know they’re dealing fentanyl for murder charges to be possible.
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