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Austin murder suspect gets out of jail on bail 4 days after being arrested for fatal stabbing in 2021

Austin murder suspect gets out of jail on bail 4 days after being arrested for fatal stabbing in 2021

AUSTIN, TexasA suspect in an unsolved 2021 case was arrested this week for the stabbing death of a 23-year-old in South Austin.

Just four days after his arrest, he is now free on bail and there are now questions about why.

Nikolas Martinez called 911 in July 2021 and said he had been stabbed.

He was playing video games with his nephew when he decided to press pause and get some laundry from the common room of his apartment complex.

With a stab wound to the neck, he drove himself to a nearby gas station to get help, where he later died.

When FOX 7 Austin sat down with the parents of Nikolas Martinez two years ago, it was the lack of clarity about who killed Nikolas that made the loss of their son all the more horrific.

“We know nothing will bring her back,” said Martin Martinez, Nikolas' father. “Nothing will make it better, but just not knowing is killing us.”

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“We believe it was just a random thing and we don't know why,” said Wendy Martinez, Nikolas' mother. “So if anyone saw anything, please come forward.”

This appeal was heard this June.

According to an arrest warrant, APD received an anonymous tip and witnessed Mithovar stabbing and killing Christopher Antoine Jr. Martinez near his apartment complex in South Austin.



<div>Mithovar Christopher Antoine Jr.</div>
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Mithovar Christopher Antoine Jr.

According to the police, the informant’s statements matched.

Through an additional search warrant, officers learned that Antoine had been Googling news articles related to stabbings in Austin just days after Martinez's murder.

Police caught him in Temple, arrested him and took him to the Bell County Jail on Thursday of last week.

A judge set his bail at $150,000. He was released from jail on bail four days later.

“At the end of the day, he's innocent until proven guilty, no matter what the affidavit says. The defense attorney in me says he's entitled to his day in court, innocent until proven guilty,” said Gene Anthes, managing partner of the GBA Firm. “The ex-prosecutor in me says, look, our job here is to protect the public and make sure this guy shows up in court again.”

FOX 7 has called the clerk's, prosecutor's and sheriff's offices in Bell and Travis County several times this week.

Bell County officials said they were unable to locate the suspect's records and then learned he had been released without extradition.

A source told FOX 7 that authorities should have communicated better and extradited Antoine to Travis County.

“I've seen police officers pick up the phone and call the district attorney's office and say, 'I just arrested 'Gene Anthes' and he's on probation in your county for A, B and C. You need to file a motion to vacate as soon as possible so a new warrant can be issued for his arrest,'” Anthes said.

In the two years before Martinez's murder, Antoine had been arrested for unauthorized use of a vehicle and burglary, according to court documents.

He was released from prison on bail for the latter charge two months before the murder.

“He still has a lot of problems,” Anthes said. “I'm a little surprised the judge in Bell County or anyone in Bell County didn't freak out when they found out he was on probation in Bell County.”

Because he was out on parole, Bell County was able to revoke his parole and file additional warrants against him, sending him back to prison.

A grand jury in Travis County has yet to indict him in Martinez's murder.

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