Defense led by Marissa Giovenco — now a senior trial attorney at Michael & Associates — helped secure a directed verdict and full acquittal in a closely watched fatal crash case.
FOR IMMEDIATE RELEASE
SAN ANTONIO, TX — A Bexar County jury has returned a not guilty verdict for Simon Alexander Garza, who was charged with manslaughter in connection with a fatal 2023 vehicle crash.
The case was tried in the 187th District Court before Judge Stephanie Boyd. Prosecutors alleged Garza acted recklessly by running a traffic signal, causing a crash that resulted in another driver’s death.
Garza was represented at trial by Marissa Giovenco, who is now a senior trial attorney at Michael & Associates, and Audrey Martinez. Giovenco was working on this case with Martinez prior to joining the firm.
During the trial, the State relied on law enforcement testimony, body-worn camera footage, and crash scene evidence to argue that Garza’s conduct met the legal definition of recklessness required for manslaughter.
Giovenco challenged that narrative, focusing on gaps in the investigation, disputed interpretations of the evidence, and whether the State could meet its burden of proving criminal recklessness beyond a reasonable doubt.
Directed Verdict Narrowed the Case
At the close of the State’s case in chief, Marissa moved for the court to dismiss the charges as the evidence presented by the prosecution during the trial was legally insufficient. The court agreed and granted a directed verdict on that count.
A directed verdict occurs when a judge removes a charge from the jury because the prosecution’s evidence, even if taken as true, fails to establish the legal elements required for conviction. In criminal cases, this typically occurs after the State rests its case.
Directed verdicts are rare because courts must view evidence in the light most favorable to the prosecution and generally allow juries to decide close cases. For a judge to intervene, the failure of proof must be fundamental, such as the inability to establish a required mental state like recklessness.
As a result of the ruling, the Judge instructed the jury to find Ms. Giovenco’s and Ms. Martinez’s client not guilty.
Jury Returns Not Guilty Verdict
After deliberation, the jury returned a unanimous not guilty verdict, clearing Garza of all charges. No jury poll was requested. However, during informal talks with the jury after the trial, all 12 agreed they would have found Garza not guilty.
“The jury agreed that the state simply didn’t have enough evidence to support a crime in this case.” Ms. Giovenco said after the trial.
Legal Significance
The outcome highlights the high legal threshold required to prove manslaughter in Texas. In fatal crash cases, prosecutors must prove more than a mistake or ordinary negligence — they must establish criminal recklessness beyond a reasonable doubt.
This case illustrates how both legal sufficiency challenges and jury evaluation of the evidence can determine the outcome in serious felony prosecutions.
“It is clear why we hired Marissa,” said RC Pate, who leads Michael & Associates’ San Antonio office. “She is experienced in the courtroom and ready to fight for her clients. That’s exactly the kind of person we seek out at Michael and Associates.”
About Michael & Associates
Michael & Associates is a criminal defense law firm headquartered in Austin, with offices in San Antonio, Houston, Dallas, and Fort Worth, as well as Nashville, Tennessee, and Los Angeles, California. The firm focuses on experienced, trial-ready representation, and attorneys include former prosecutors and seasoned litigators who handle cases ranging from DWI to serious felony charges.
Michael & Associates is continuing to expand its footprint while maintaining a focus on high-level criminal defense representation. The firm defends clients charged with serious offenses such as DUI/DWI, assault, and theft.
Our attorneys, such as Marissa Giovenco, bring extensive courtroom experience and a strategic approach to defending complex criminal cases involving issues of intent, causation, and evidentiary sufficiency.
And although many of the firm’s cases are resolved before trial, the team prepares every case as if it will go the distance. In 2025, the firm achieved favorable or partially favorable outcomes in 65% of jury trials, including a 50% outright win rate. For comparison, the Pew Research Center reports that the average trial conviction rate is about 82.6%, while the average acquittal rate is about 17.4%.
For more information, visit zealousadvocate.com or email [email protected].