New details released on new charges against murder suspect in Austin

AUSTIN, Texas – New details have been released about the charges against the suspect in the 2021 murder of an Austin man.

After confusion within law enforcement and the court system, 22-year-old Mithovar Antoine Jr. was released from prison on bail but is now back in custody.

Austin police recommended that Antoine not be given bail due to the new, aggravated felony charge.

Antoine was arrested in Temple on September 12 after the U.S. Marshals Office took him into custody on a warrant for first-degree murder.

He is accused of stabbing 23-year-old Nikolas Martinez to death in July 2021.

Martinez's body was found outside a convenience store on I-35 in South Austin.

“This was a random act of violence. There is no indication that the suspect knew the victim in this case,” APD Detective Richard Spitler previously told FOX 7.

Austin police believe Antoine stabbed the victim because he wanted to steal his car.

Antoine was taken to the Bell County Jail upon his initial arrest. A county judge set bail at $150,000 with no conditions, and he was released on bail just four days later, despite his lengthy criminal history.

“You can't set bail at a million dollars in every case just because you don't like the defendant. That would violate the entire Texas Constitution, which says you're innocent until proven guilty. And sometimes that means people who are accused of multiple murders, sometimes that means they can go free,” said defense attorney Jeremy Rosenthal.

After the initial arrest, the 22-year-old suspect was expected to be extradited to the Travis County Jail.

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Due to confusion within law enforcement and the court system, APD investigators obtained a new warrant for his arrest for aggravated murder in Bell County two days after his release.

“The laws of the state of Texas are designed to ensure public safety and make sure you don't end up in jail until you're convicted. And sometimes those laws aren't perfect. Sometimes they conflict with each other and sometimes it gets complicated when we find people in counties where we didn't expect them,” Rosenthal said.

On Tuesday, Antoine was arrested again at his home in Temple for Martinez's murder.

The APD recommended that Antoine Jr. not be held on bail because it was a capital crime, but a Travis County judge set bail for him at $10 million.

Anyone with further information is asked to contact Austin Police.