Cameron County (KFXV) — Joel and Eduardo Luna’s trial for capital murder charges will begin Wednesday.

After jury selection, the judge granting a petition to dismiss evidence that Ex-Border Patrol Agent Luna was a part of organized criminal activity.

And for his brother, Eduardo Luna, that he entered the country illegally.

It’s believed the Luna brothers participated in the murder and decapitation of Jose Francisco Palacios , better known as Franky– whose body was found floating at South Padre Island. The state is not looking for a death sentence, but life in prison. We’ll keep you updated as trial unfolds.