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'Warrantless intrusions' criticized by defense in pre-trial arguments of Air Force Major charged with wife's 2019 murder

Andre McDonald faces life in prison if convicted of killing his wife, Andreen, who was a mother and businesswoman.

SAN ANTONIO — Pre-trial court proceedings continued Thursday in the murder case of defendant Andre McDonald, the Air Force Major accused of killing his wife, Andreen, in 2019.

Judge Frank Castro heard arguments in the defense’s motion to suppress, which entailed criticisms of multiple search and arrest warrants in the days following Andreen’s disappearance.

The defense aims to have the judge dismiss evidence that's believed to have been obtained illegally by law enforcement or a third party. 

Bexar County Sheriff’s Deputy Richard Lozano served as the prosecution’s final witness.

Lozano testified he was ordered by his supervisor to conduct a welfare check at the McDonald’s residence in north Bexar County on March 2, 2019, the day after Andreen was reported missing.

“When we got there we saw the garage door, the damage on it and that was like a red flag for us,” Lozano said.

No answer at the front door led deputies to enter the residence through a window that was left ajar in the back of the house.

“We didn’t know if anyone was gonna be hurt inside the house. That’s why we looked through the windows. Like I said, one window was open. We decided to go in and get a good visual of the house.”

The state argues the deputies’ entry into the home met the criteria for probable cause. But the defense had a different take.

“We have warrantless intrusions into this residence and the way that the order of those warrantless intrusions are described in this affidavit is somewhat misleading,” said defense attorney John Hunter.

Just hours after the welfare check, McDonald was arrested and charged with tampering with evidence.

Law enforcement recovered Andreen's remains in July and arrested

Some evidence will be permitted related to warrants executed on March 1 and 2. The defense intends to finalize its arguments by mid-day Friday.

Opening statements in the long-awaited murder trial are expected to begin on Monday.

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