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KAYLA GOMEZ: Texas vs. Gustavo Zavala-Garcia for murder of 10yo niece taken from church

Discussion in 'Courtroom' started by SheWhoMustNotBeNamed, Nov 2, 2016.

  1. Takeitfromme

    Takeitfromme Professional Journalist/News Reporter

    Just so many of these cases. This beautiful baby girl didn't get a chance to even start living yet. She was just a kid. This breaks my heart into a million pieces.
     
  2. SheWhoMustNotBeNamed

    SheWhoMustNotBeNamed Administrator Staff Member

    Warrant affidavit reveals timeline of child’s death

    Investigators believe he took Gomez-Orozco in his vehicle as he left the church Nov. 1, and sometime between the time he arrived home and the time when his wife told law enforcement agents he entered their residence “is when (the) suspected party concealed the victim in the well,” the affidavit states.

    Cell phone records also revealed that Zavala-Garcia contacted his employer by cell phone that evening, “requesting to borrow one of the business vehicles to assist with the search” for the girl after his wife told him she was missing from the church, the affidavit added.

    Footage from a local convenience store surveillance camera shows Zavala-Garcia and his wife on Nov. 1 at the gas pump in one of the company trucks and places them inside the store between 8:12 p.m. and 8:18 p.m., the affidavit noted.

    It also stated that during a polygraph exam, Zavala-Garcia “answered 'yes' to questions regarding causing the death of the victim” but then recanted his answer.

    http://www.jacksonvilleprogress.com...cle_58793002-a87f-11e6-b6dc-e7e25b6fdea2.html
     
    Uno2Much, Steve, Paradise and 2 others like this.
  3. SheWhoMustNotBeNamed

    SheWhoMustNotBeNamed Administrator Staff Member

    Suspect in murder of Kayla Gomez-Orozco waives right to arraignment

    A man suspected of murdering an East Texas girl has waived his right to an arraignment.

    Gustavo Zavala-Garcia was set to be arraigned at 2:30 p.m. Tuesday in the 241st District Court in Tyler, according to Smith County judicial records.

    Suspects in Smith County crimes are arraigned once upon arrest, and again when indicted. Tuesday’s arraignment came after Zavala-Garcia was indicted by a Smith County Grand Jury in January.

    Zavala-Garcia is also being held on an immigration detainer according to Smith County Jail records.

    http://www.kltv.com/story/34555993/...ayla-gomez-orozco-waives-right-to-arraignment


    Smith County adjusts jail recreation procedures after clarification from state commission

    Smith County will return to its policy of keeping certain jail inmates in handcuffs during state-mandated recreation after a high-profile inmate climbed atop an old basketball goal Friday and refused to come down for about 30 minutes.

    During Friday’s incident, jail inmate Gustavo Zavala-Garcia, 24, who is charged with capital murder in the death of 10-year-old Kayla Gomez-Orozco, was removed from the frame of the basketball goal on the roof of the Smith County Jail downtown after about 30 minutes of being up there.

    At one point, Zavala-Garcia could be seen resisting and punching a jail lieutenant who attempted to bring him down.

    Smith County Sheriff Larry Smith said the inmate was not at risk of escaping, but he put himself and officers in danger.

    http://www.tylerpaper.com/TP-News+L...res-after-clarification-from-state-commission
     
  4. SheWhoMustNotBeNamed

    SheWhoMustNotBeNamed Administrator Staff Member

    DA to pursue death penalty against Zavala-Garcia

    The Smith County District Attorney’s Office will seek the death penalty in its case against Gustavo Zavala-Garcia, the man accused of killing 10-year-old Kayla Gomez-Orozco in November.

    The DA’s office filed its notice of intent to seek the death penalty on Wednesday morning with the 241st District Court, according to a copy of the document.

    http://www.tylerpaper.com/TP-News+L...inst-man-accused-of-killing-kayla-gomezorozco
     
  5. spike

    spike Bronze Member

    DP! :yess:
     
    Takeitfromme and Paradise like this.
  6. SheWhoMustNotBeNamed

    SheWhoMustNotBeNamed Administrator Staff Member

    Pre-trial hearing in capital murder case of Gustavo Zavala-Garcia reveals plethora of information

    Almost 4,000 pages and more than 100 gigabytes of digital information has been gathered and shared among attorneys during the discovery phase of the case against capital murder defendant Gustavo Zavala-Garcia.

    During a short pre-trial hearing Wednesday morning, lawyers on both sides of the case against the man accused of killing a 10-year-old Tyler girl last year addressed the court about progress being made before the case goes to trial.

    The hearing is one of six scheduled through September in the capital murder case. The next one is set for July 6.

    http://www.tylerpaper.com/TP-News+L...-zavalagarcia-reveals-plethora-of-information
     
  7. SheWhoMustNotBeNamed

    SheWhoMustNotBeNamed Administrator Staff Member

    New date set in Kayla Gomez-Orozco capital murder trial, moved to February 2018

    The state and defense both agree that they need 7-8 more months to prepare for trial. The judge granted the motion to move the trial to February 2018. The state and the defense are required to update Judge Jack Skeen Jr. on testing results as they come in.

    The next pre-trial hearing is scheduled for October 5. His trial is set for February of 2018.

    http://www.kltv.com/story/35824014/new-trial-date-set-in-kayla-gomez-orozco-moved-to-february-2018
     
    Takeitfromme, Uno2Much, spike and 3 others like this.
  8. SheWhoMustNotBeNamed

    SheWhoMustNotBeNamed Administrator Staff Member

    Wait for DNA test results could delay Smith County capital murder trial

    The wait for DNA test results could delay the start of a capital murder trial for the man accused of killing Kayla Gomez in 2016.

    During a pretrial hearing for Gustavo Zavala-Garcia on Thursday, prosecutors said results of DNA testing on hair samples are still pending.

    Judge Jack Skeen told the court that the trial date is likely to change since those DNA results are not expected back until the end of that month.

    DNA testing had been expected to be completed by the end of December, but the process is taking longer than expected.

    The next pretrial date is set for January 4, with the trial scheduled to begin March 19, 2018.

    http://www.kswo.com/story/37068274/...could-delay-smith-county-capital-murder-trial
     
  9. SheWhoMustNotBeNamed

    SheWhoMustNotBeNamed Administrator Staff Member

    Capital murder trial postponed in case of Gustavo Zavala-Garcia, man accused of killing Kayla Gomez-Orozco

    The March 2018 trial for the man accused of killing 10-year-old Kayla Gomez-Orozco has been postponed because of delays in DNA testing.

    The updated schedule for the capital murder trial of Gustavo Zavala-Garcia, 26, calls for the court to summon a central jury panel for Aug. 30; start individual questioning of each potential juror on Sept. 10; and hold the docket call and trial starting Oct. 8.

    http://www.tylerpaper.com/TP-News+L...rcia-man-accused-of-killing-kayla-gomezorozco
     
  10. SheWhoMustNotBeNamed

    SheWhoMustNotBeNamed Administrator Staff Member

    Zavala Garcia trial pushed back again, DNA testing continues

    A man accused of murdering a 10-year old girl was back in Smith County court on March 21.


    This was the first pre-trial hearing since January, when the trial's start date was pushed back to October.

    The capital murder trial for Zavala Garcia is now being pushed back for the third time.

    In this morning's pre-trial hearing, attorneys for the defendant asked for a continuance in the case after Smith County District Attorney Matt Bingham said the Texas Department of Public Safety is still conducting forensic testing.

    “They confirmed on March 19, this month that the trace analysis would be completed or should be completed by April,” says Bingham. “And that the DNA testing is scheduled to be completed by the end of July."

    The motion for continuance was unopposed by prosecutors.

    Bingham added that he thinks DNA will be a crucial aspect of this case.

    Both prosecutors and the defense team agreed that February 2019 would be an ideal time for the start of the trial, giving them enough time to review the forensic testing once completed and allowing ample time between another capital murder trial scheduled for October 2019.

    Zavala Garcia has been in the Smith County Jail awaiting trial for almost a year and a half. Some of that time was spent in solitary after he climbed onto a basketball goal and refused to come down.

    This morning, Judge Jack Skeen said both the prosecutors and the defense attorney's needed to make every effort to be ready for trial by February.

    http://www.kltv.com/story/37780646/zavala-garcia-trial-pushed-back-again-dna-testing-continues
     
    Takeitfromme, Steve, spike and 2 others like this.
  11. SheWhoMustNotBeNamed

    SheWhoMustNotBeNamed Administrator Staff Member

    Capital murder trial for Gustavo Zavala-Garcia set to stay on schedule, start in October 2018

    The capital murder trial for the man accused of killing 10-year-old Kayla Gomez-Orozco will follow the current scheduling order set by the court and begin in October 2018, despite an unopposed motion to postpone it.

    Judge Jack Skeen of the 241st District Court said in a pretrial hearing Wednesday he will not sign the defense's motion for continuance, which is unopposed by the state, until he hears if the additional DNA testing is needed.

    "We will stay on the same scheduling order," Skeen said.

    https://tylerpaper.com/news/local/c...cle_8f08bb0e-382c-11e8-8a52-0b009c01bead.html
     
    Takeitfromme, Steve, spike and 2 others like this.
  12. SheWhoMustNotBeNamed

    SheWhoMustNotBeNamed Administrator Staff Member

    New trial date likely as additional DNA testing needed in capital murder case of Gustavo Zavala-Garcia

    It will take until mid-November before additional DNA test results are returned in the capital murder case of Gustavo Zavala-Garcia, the man accused of killing 10-year-old Kayla Gomez-Orozco in November 2016.

    That means the trial won't start Oct. 8 as previously scheduled.

    A Department of Public Safety evidence analyst testified Thursday in a pretrial hearing in the 241st District Court that the lab is working with more than 400 hairs gathered from clothing items of the victim and suspect.

    A DPS trace analyst will determine which hairs will produce the best DNA results, a process that could take about 30 days.

    Once that determination is made, those hairs will be tested for DNA. Both sides believe the DNA test of the best hairs will determine if more hairs require DNA testing.

    The defense and state agreed to have an initial batch of 24 hairs tested by the lab.

    The DPS lab needs about 60 days to do the DNA testing and another 30 days to write the report on the findings.

    The next pretrial hearing is scheduled for Aug. 16, and 241st District Court Judge Jack Skeen said he would know then whether the scheduling order would need to be altered.

    https://tylerpaper.com/news/local/t...cle_959b8d6a-85da-11e8-a9e9-ef53727279c9.html
     
  13. Takeitfromme

    Takeitfromme Professional Journalist/News Reporter

    I can not believe how long this is dragging on. This is torture for her parents. For everyone who loved her. I know the prosecution needs a solid case and unfortunately this scum bag has rights but geez hurry the heck up!
     
  14. SheWhoMustNotBeNamed

    SheWhoMustNotBeNamed Administrator Staff Member

    Capital murder trial for man accused of killing 10-year-old Kayla Gomez-Orozco expected to start March 2019

    The trial for the man accused of the 2016 killing of 10-year-old Kayla Gomez-Orozco is slated to begin March 18, 2019, after four weeks of jury selection, but could start later, Judge Jack Skeen said Thursday at a pretrial hearing.

    Zavala-Garcia appeared in court Thursday for an update on DNA testing from hair samples that may be used in a jury trial. The Texas Department of Public Safety, which is collecting and testing the samples, finished trace testing Monday and expects to complete DNA testing Oct. 18.

    If the defense and prosecution agree to accept the results, the trial will move forward as scheduled. However, Skeen said the defense can challenge the results or require more or other testing, which could cause him to push back the trial date.

    https://tylerpaper.com/news/local/c...cle_2c4ffd68-a18d-11e8-9d83-1fd4392a5baf.html
     
    Steve, kdg411, Uno2Much and 2 others like this.
  15. SheWhoMustNotBeNamed

    SheWhoMustNotBeNamed Administrator Staff Member

    More DNA testing needed before capital murder suspect Gustavo Zavala-Garcia goes to trial, trial date to be moved back to May 2019

    The state and the defense have agreed that more DNA testing is needed before the capital murder case can go to trial for the man accused of the 2016 killing of 10-year-old Kayla Gomez-Orozco. This agreed order will push the trial date back another two months.


    https://tylerpaper.com/news/local/m...cle_8ce290e2-d2dd-11e8-82cb-c3080620f172.html
     
    Steve and Paradise like this.
  16. SheWhoMustNotBeNamed

    SheWhoMustNotBeNamed Administrator Staff Member

    Zavala-Garcia murder trial pushed back to July 2019

    The jury trial for a man accused of murdering a Smith County child has been pushed back to July 2019.

    According to Smith County judicial records, Gustavo Zavala-Garcia, 26, has had his capital murder trial delayed until 9 a.m. on July 15, 2019, in the 241st District Court of Judge Jack Skeen.

    A pre-trial hearing was originally scheduled for Wednesday. However, it was canceled. The next hearing is set for March 7.

    https://www.cbs19.tv/article/news/z...2019/501-05af81b6-c5c4-4d0f-8390-9beef5db5a68
     
    Paradise likes this.
  17. SheWhoMustNotBeNamed

    SheWhoMustNotBeNamed Administrator Staff Member

    Zavala-Garcia capital murder trial set for July 15; DNA results expected in late April

    The trial of Gustavo Zavala-Garcia, accused of the 2016 death of 10-year-old Kayla Gomez-Orozco, is slated to begin July 15 after four weeks of jury selection. Additional DNA test results are anticipated to be returned by the end of April, Judge Jack Skeen said at a pretrial hearing Thursday.

    https://www.news-journal.com/news/c...cle_2c973768-c3ad-54d6-bb8d-193cfce02cc0.html



    Really crossing my fingers that the DNA results actually do come back in April and the trial can move forward in July. Kayla's family has been waiting more than 2 years.
     
    Steve, Kimster and Paradise like this.
  18. SheWhoMustNotBeNamed

    SheWhoMustNotBeNamed Administrator Staff Member

    Gustavo Zavala-Garcia's attorneys ask for change of venue, want to preclude the death penalty, want to suppress statements made during initial interview

    Lawyers for capital murder defendant Gustavo Zavala-Garcia want to move his trial out of Smith County, preclude the state from seeking the death penalty, and suppress statements he made to law officers when he was arrested.

    Zavala-Garcia's attorneys filed the application for motions last week, according to Smith County judicial records.

    The application said there is great prejudice against Zavala-Garcia and that he cannot obtain a fair and impartial trial in Smith County.

    Zavala-Garcia's defense attorney is asking the court to not seek the death penalty because Zavala-Garcia grew up in Mexico and an investigation into his life history is not possible due to the violence in Nuevo Leon and Guanajuato.

    "Both of these regions have become so violent and dangerous that it is impossible to carry out a reasonably safe and constitutionally effective mitigation investigation there," the motion reads. "Proceeding to a capital trial without the benefit of a thorough mitigation investigation would violate Mr. Zavala-Garcia's Sixth, Eighth and 14th Amendment rights. In these exception circumstances, the only equitable remedy is to preclude the death penalty."

    The defense is asking the court to not allow statements Zavala-Garcia gave to authorities during his interrogation on Nov. 7, 2016, or to have a hearing prior to jury selection to determine if the statements should be allowed.

    The motion said police didn't entirely advise Zavala-Garcis of his right to end the interview at any time when he was read his rights.

    https://tylerpaper.com/news/local/g...cle_d8cdf78c-4f3b-11e9-8012-d7867c205366.html
     
    Paradise likes this.
  19. SheWhoMustNotBeNamed

    SheWhoMustNotBeNamed Administrator Staff Member

    Judge rules prosecutors can seek death penalty in Zavala-Garcia trial

    A Smith County judge has denied a motion aiming to prevent prosecutors from seeking the death penalty in the case of an accused murderer.

    Attorneys have also filed a motion for a change of venue and a motion to suppress statements made by Zavala-Garcia during an interview with law enforcement. Those motions are expected to be considered at a later date.

    Zavala-Garcia’s next pre-trial hearing is April 18 at 9am.

    http://www.kltv.com/2019/04/11/judge-rules-prosecutors-can-seek-death-penalty-zavala-garcia-trial/
     
    Steve, Kimster, kdg411 and 1 other person like this.
  20. SheWhoMustNotBeNamed

    SheWhoMustNotBeNamed Administrator Staff Member

    Kayla Gomez’s accused killer has trial delayed fifth time, set for March 2020

    Kayla Gomez’s accused killer Gustavo Zavala-Garcia has had his trial pushed back for the fifth time, according to online judicial records.

    The trial is now set to start at 10 a.m. on March 16, 2020, with jury selection set to start on January 30.

    His next court appearance will be July 11.

    While there has been no official word on why it was pushed back in this instance, many of the past delays have been due to further testing of DNA evidence.

    https://www.easttexasmatters.com/cr...-trial-delayed-fifth-time-set-for-march-2020/
     
    Takeitfromme and Paradise like this.

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