A state appeals court this week upheld the 2014 aggravated robbery conviction of a Salvadorian man in the armed mugging of a Conroe jewelry store owner and his mother.
Frelin Armando Romero, who turned 34 Sunday, was sentenced to 60 years in prison for robbing Wilkins Jewelry located at 1712 North Frazier St. in Conroe the morning of Oct. 10, 2012.
In its Wednesday ruling, the 9th Court of Appeals rejected Romero’s argument challenging the admission into the trial court’s evidence of a photographic lineup, which Romero contended “impermissibly suggestive” because the individuals depicted in the lineup were not similar in appearance.
The appeals court ruled Romero’s objections to the lineup was not sufficiently specified as required by case law to preserve a complaint for appellate review.
Conroe PD Detective Joey Ferraro testified in front of the jury last February that two witness reviewed a photographic lineup to help identify a potential suspect in the robbery.
Ferraro’s defense attorneys objected to the testimony on grounds of procedure, then objected to the admission of the lineup into evidence because the nature of it was “unduly subjective.”
Judge Michael Seiler, presiding in the 435th state District Court, overruled the objection and declined Romero’s request to take Ferraro on voir dire.
The higher court, however, ruled Romero’s trial objections did not fit with the specific complaint raised on appeal – a failure to mention why the defense believed the photographic lineup to be suggestive.
In addition to the vague objection, Chief Justice Steve McKeithen noted in the opinion Ferraro’s testimony and the admission of the lineup into evidence implicated Romero as the offender.
Jewelry store owner Mitchell Wilkins identified Romero as the robbery suspect and further testified, without objection, that he viewed a photographic lineup from which he picked Romero.
“Even the erroneous admission of evidence will not require reversal when the same or similar evidence was received without objection, either before or after the complained-of evidence,” McKeithen wrote.
Romero had two accomplices, one male and the other female, who entered the jewelry store shortly after it opened for the day.
Wilkins was at his work desk behind a small wall adjacent to the main counter when Romero’s accomplices asked Wilkins if they could peruse some store items, and were being helped by Wilkins’ mother, Shirley Wilkins.
That’s when Romero entered and approached Mitchell Wilkins about cleaning a ring. The younger Wilkins testified that Romero appeared to be unassociated with the other two.
But as he turned to begin cleaning Romero’s ring, Romero jumped across the counter and pointed a gun at Wilkins’ face.
Meanwhile, the accomplices held a gun to Shirley Wilkins’ head.
As Mitch Wilkins and Romero began to struggle, Wilkins said six rounds were fired in the store but “nobody was hit.”
Romero struck Mitch Wilkins in the head several times with his firearm before finally dropping the handgun, Wilkins said, and the three perpetrators fled the store in different directions.
The female, Kenia Vasquez, was stopped by a witness who was exiting nearby Eickenhorst Funeral Home, Wilkins said.
After Vasquez told the man she didn’t know what was happening at the jewelry store when he’d heard shots being fired inside, Vasquez then quickly bolted down the sidewalk as the witness gave chase.
Vasquez abruptly stopped less than 100 yards later, then laid down on the sidewalk and put her hands behind her back, Mitchell Wilkins said.
Vasquez was soon arrested by officers with the Conroe PD and she pleaded guilty to aggravated robbery charges in exchange for 15 years in prison.
Two Montgomery County Precinct 2 Constables soon apprehended Romero, who was found hiding in some brush in an empty field not far from Wilkins Jewelry.
The third accomplice was never caught.
Vasquez is being held at the Marlin Unit in Falls County and will be eligible for parole June 11, 2020.
Romero is not eligible for parole until Oct. 10, 2042 due to two previous federal convictions of illegal re-entry into the United States after previously being deported twice.
Romero is serving his sentence at the Michael Unit in Anderson County.
