A judge announced no death penalty for Joshua Stewart in Deputy Almendarez’s 2022 murder case.
HARRIS COUNTY, Texas — A suspect charged with capital murder in the 2022 killing of Harris County Deputy Darren Almendarez will not face the death penalty, a judge announced during a pretrial hearing Monday morning. Joshua Stewart appeared in court, where prosecutors confirmed they will not pursue capital punishment in the case that has continued for more than three years.
Stewart is accused of shooting Deputy Darren Almendarez after the off-duty officer confronted Stewart and another suspect who were allegedly attempting to steal the catalytic converter from his truck. The incident occurred in 2022, and Stewart has remained in jail for more than three years since his arrest.
Stewart’s defense attorney said they’re still waiting on DNA and forensic results, pushing the trial to January of next year. Stewart will remain incarcerated until his trial begins.
If convicted of capital murder, Stewart could face life in prison without parole.
Stewart is one of multiple suspects charged in connection with Almendarez’s death. Fredarius Clark and Fredrick Tardy are also facing capital murder charges.
Deputy Almendarez was grocery shopping with his wife for his sister’s birthday celebration when the shooting happened near the intersection of FM 1960 and Aldine Westfield Road.
Deputy Almendarez was a 23-year law enforcement veteran, who most recently served in the auto theft division.
According to Sheriff Ed Gonzalez, Deputy Almendarez was homeless early in his life and worked in fast food. He was trying to make ends meet at a young age before he committed his life to public service.