The Jim Wells County District Attorney’s Office will present a 2012 murder case to the 79th District Court on Monday, Aug. 3 in an attempt to begin a jury trial.

Vidal Ben Garcia III was charged with the murder of his common-law wife, Kimberly Gonzalez who was found dead in the women's restroom of the Texas Health and Human Services Department from a gunshot wound.

This is the DA's second attempt to convict Garcia for Gonzalez's murder. His first trial was in September 2013, but was declared a mistrial by District Court Judge Richard Terrell.

During the first trial, witnesses testified that Garcia entered the bathroom, yelling his wife's name. The witness said she rushed into the restroom to check on the victim after hearing a loud noise and found her in a stall with lots of blood on the floor.

Sgt. Juan Charles was the first responder on the scene after he was flagged down by a woman in the department's parking lot. He testified, during the first trial, that Kimberly had blood around her mouth and nose.

Garcia told the officer the couple arrived at the department and argued. Kimberly disappeared into the bathroom, for what he felt like was too long, so he asked other women in the office to check on her.

One woman told Garcia that his wife wasn't going to come out, so Garcia told the officer that was when he went into check on her. That's when he said he found Kimberly slumped over in a stall.

Kimberly was pronounced dead at CHRISTUS Spohn Hospital in Alice. Officers apprehended Garcia after the incident and located a .38 revolver and a bloody jacket in his 1991 Camaro.

The family had a history of violence.

An autopsy determined Gonzalez was killed by a gunshot to the head.

Garcia is also charged with attempted murder.

The other case on the docket is Reynaldo Rene Sanchez for assault causing bodily injury family violence.