A little over nine years since the murder of Justin Gage, a Texas State University student, one of the defendants charged in the case, Devonte Amerson, has received a superseding indictment from Hays County. His case was not dismissed on Jan. 13 as his legal team and advocates were requesting. According to Hays County documents, the original indictment from May of 2018, charged Amerson with Capital Murder, and the superseding indictment made on Dec. 11, 2024 charged him with Capital Murder, Murder, Aggravated Robbery and Burglary of a Habitation Intend Other Felony. Amerson’s team filed a Motion to Quash, which would invalidate the superseding indictment. The motion is scheduled to be heard Jan. 29. A request for comment from Hays County District Attorney Kelly Higgins was not immediately returned. "I’ve been fighting for my freedom for almost seven years,” Amerson said in a press release issued by Mano Amigo. “I didn’t do this, and the evidence shows that. All I want is the chance to live my life without these false accusations hanging over me. It’s time for this to end." Mano Amiga is a local nonprofit advocacy organization who has been helping Amerson as well as his previous co-defendant Cyrus Gray, who had his case for the charges of Capital Murder dismissed in July of 2023. Amerson was arrested on March 5, 2018 and was released from jail in December of 2023 but has yet to see a judgement in his case. According to the superseding indictment, the Hays County District Attorney Kelly Higgins is accusing Amerson of shooting Justin Gage with a firearm, resulting in the charge of Capital Murder. The DA is accusing Amerson of “intentionally and knowingly committing the felony offense of robbery and/or the felony offense of burglary, and in furtherance of the commission of robbery and/or burglary, did then and there commit or attempt to commit an act clearly dangerous to human life.” The document claims that Amerson discharged a firearm that resulted in the death of Justin Gage, leading to the charge of Murder. The DA is accusing Amerson of “committing theft of property and with intent to obtain or maintain control of the property, intentionally and knowingly threaten or place Justin Gage in fear of imminent bodily injury or death,” resulting in the charge of Aggravated Robbery. The DA is accusing Amerson of intentionally entering a habitation without the consent of the owner to commit the felony offense of Robbery, resulting in a charge of Burglary of a Habitation Intend Other Felony. David Sergi, Amerson’s defense attorney, argued that the case is weak. "This case has persisted for nearly seven years without credible evidence linking DJ to the tragedy,” Sergi said. “There’s no weapon, no motive and no credible link to DJ. Justice for everyone involved means acknowledging the facts and dismissing this case once and for all." For the full story, see the Friday, Jan. 17 issue of the San Marcos Daily Record.
