WICHITA FALLS (KFDX/KJTL) — The defense wins one and the prosecution wins one in a court battle in a hearing for an unprecedented upcoming murder trial.

30th District Judge Jeff McKnight ruled one statement defendant Jacinto Jimenez gave police will be allowed to be introduced, but another will not. The jury trial was set to begin Monday but has been continued.

The delay was granted because the murder trial of Clinton Thompson was expected to be going on at the same time. Thompson, however, pleaded guilty to manslaughter on Thursday, Aug. 3, 2023. Prosecutors also filed for the continuance and special setting due to the “novel” nature of the case.

This is the first trial in Wichita County of a defendant accused of supplying fentanyl and being charged with the murder of the user. A co-defendant was also charged with the murder of Andres Diaz last year. Leigha Smith now faces trial for manslaughter.

After the prosecution filed a notice that they intended to introduce recorded statements or confessions by Jimenez, his defense attorney filed to suppress them, saying any statements Jimenez made were not voluntary but were coerced or enticed, and he was deprived of his right to counsel.

He said his client did not make an intelligent or knowing waiver of his right to counsel.