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Thread: Gustavo Zavala-Garcia Sentenced to LWOP in 2016 TX Murder of 10-Year-Old Kayla Gomez-Orozco

  1. #21
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    Zavala Garcia trial pushed back again, DNA testing continues

    By Brionna Rivers
    KLTV News

    SMITH COUNTY, TX (KLTV) - A man accused of murdering a 10-year old girl was back in Smith County court on March 21.

    In November of 2016, Gustavo Zavala Garcia was charged with capital murder for the death of Kayla Gomez Orozco.

    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.

    "I'm not going to get into a situation where the case needs to be pushed back and has to be moved," says Skeen.

    Skeen is currently working on amending the trial schedule and setting a new start date.

    There is no timeline for bringing a capital murder case to trial.

    http://www.kltv.com/story/37780646/z...ting-continues
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  2. #22
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    Smith County judge: Court will not grant request for continuance in Kayla Gomez case

    By KLTV News Digital Media Staff

    SMITH COUNTY, TX (KLTV) - During Wednesday's pre-trial hearing for the man accused in the death of 10-year-old Kayla Gomez Orozco, a Smith County judge said the court will not grant the motion for continuance requested by the defense.

    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.

    In November of 2016, Gustavo Zavala Garcia was charged with capital murder for Orozco's death.

    Judge Jack Skeen said that the purpose of the pre-trial hearing was to hear testimony from a Texas Department of Public Safety forensic-testing chemist.

    Kristen Casota, a DPS forensic scientist who was involved in trace analysis in the case, was called to the stand. She said that the DNA testing on the items submitted in December of 2016 has been completed and that the trace analysis should be completed by the end of April.

    If the trace report is released at the end of April, and there are no hairs that need DNA testing, the report would be finished at that time, Casota said. She said that if there are any more items found during trace analysis that need DNA testing, the report may not be complete until July.

    Skeen said that Casota's testimony will be considered while he is amending the trial schedule for the case. The judge told the DPS forensic scientist that he would like an update from her at the next pre-trial hearing on April 26.
    During the hearing, Skeen said that he is looking at a trial start date in late October. He said he is going to sign an order today for all completed testing to be handed over to the defense for additional testing.

    Skeen said the court will not grant defense's request for a continuance at this time, which means the court will stick to the current schedule. DPS will provide another update on forensic testing at the next pre-trial hearing, which is scheduled for April 26. Skeen said he will make a ruling for the request for a continuance at that point.

    In January, the trial's start date was pushed back to October.

    During Zavalla's last court appearance on March 21, defense attorneys 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,” Bingham said at the time. “And that the DNA testing is scheduled to be completed by the end of July."

    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.

    http://www.kltv.com/story/37879190/u...-trial-hearing
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  3. #23
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    Judge intends trial for Gustavo Zavala-Garcia to stay on schedule, further DNA testing could set it back

    By LouAnna Campbell
    Tyler Morning Telegraph

    Trace evidence testing has been completed in the capital murder case of Gustavo Zavala-Garcia, but additional biological testing could be necessary.

    However, 241st District Court Judge Jack Skeen said he intends to keep the case on track to begin the trial in October.

    During a pretrial hearing Thursday, Texas Department of Public Safety analysts updated the court on evidence testing requested by the defense in the case of Zavala-Garcia, 25, the man accused of killing 10-year-old Kayla Gomez-Orozco in November 2016.

    The defense and the state must reach an agreement as to which pieces of trace evidence need further testing and which method of DNA testing they want used. Trace evidence, in general, can include items such as hair, fibers, soil and pollen and, in this case, was gathered from clothing and other items taken during the investigation.

    The DPS analysts said about 35 hairs were gathered for the latest trace evidence tests. If the defense and state agree to have DNA testing conducted on those 35 pieces, it could take DPS six months to complete the tests.

    Hairs recovered with the root can be tested at the DPS lab. However, hairs recovered without a root must be tested at the University of North Texas Health Science Center in Fort Worth.

    The trace evidence section at DPS will hold the evidence, catalog and photograph it prior to sending it for DNA testing. DPS trace evidence analyst Angel Rios said this process alone would take about a month.

    The DNA analysis for 10-15 pieces of evidence would take about three months for the DPS lab to complete, with 35 pieces taking about six months to process from the time the trace evidence section released the evidence, according to information presented in court.

    DPS DNA analyst Amber Moss said if the evidence has to be sent to the UNT Health Science Center in Fort Worth for testing she is not sure what that center's backlog is or how long it would take to do the tests.

    Skeen said the court would need to know what, if any, aspects of the testing the state and defense disagree on. In the case of disagreements, the court would make a decision, Skeen said.

    Smith County District Attorney Matt Bingham and Zavala-Garcia's defense team agreed to meet and discuss the matter.

    Skeen said his intent is to keep the trial date set for October, but more DNA testing could affect the scheduling order and the date of the trial.

    Zavala-Garcia is accused of killing Kayla in November 2016. He was related to her by marriage and was among the last people to see her before she went missing Nov. 1, 2016, from the foyer of Bullard First Assembly on U.S. Highway 69.

    Her body was found four days later in a well on the property where Zavala-Garcia lived, in the 22100 block of Farm-to-Market Road 2493 (Old Jacksonville Highway) in Bullard.

    It is unclear what exactly caused her death, and at the time the indictment was released Bingham declined to comment, citing the restrictive and protective order in the case.

    In the indictment, prosecutors contend Zavala-Garcia attacked Kayla and sexually assaulted or attempted to sexually assault her after her kidnapping.

    Prosecutors also contend he struck Kayla with and against a blunt object, asphyxiated her and drowned her.

    A special pretrial hearing was scheduled for 9 a.m. May 10. The defense and state could have that date moved up if they reach an agreement earlier.

    https://tylerpaper.com/news/local/ju...b0c62ec82.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  4. #24
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    UPDATE: State, defense agree on what additional evidence will be tested in capital murder case

    By LouAnna Campbell
    Tyler Morning Telegraph

    It will take about two months for additional evidence to be prepared for DNA testing in the lead-up to the capital murder trial of Gustavo Zavala-Garcia, the man accused of killing 10-year-old Kayla Gomez-Orozco in November 2016.

    A Department of Public Safety evidence analyst testified in court Thursday that he would need 60 days to prepare the evidence gathered from 10 clothing items from the victim and suspect. He started the process but will need another 53 days, he said.

    District Attorney Matt Bingham said he would rather err on the side of caution and have the items tested.

    "This is not a decision we took lightly. We want this case tried," Bingham said. "It's our duty to seek justice and do the right thing."

    The next pretrial hearing is scheduled for July 12, and 241st District Court Judge Jack Skeen said he would know then whether the scheduling order would need to be altered.

    Skeen has indicated he intends to keep the case on the current schedule, but would need to know if DNA testing would affect starting the trial in October.

    The agreed motion said the defense and state met on Sept. 17 to determine what constituted biological evidence. The defense team requested testing of 10 items of clothing, a shoelace and a prayer cloth to determine if testing would yield a DNA profile.

    Trace evidence was found on all of the items and was sent to the trace analysis section of the DPS lab for testing. Those results were provided to the state and the defense on April 23.

    The motion said the state and the defense met to discuss the results from the lab reports. Both sides agreed head hairs and body hairs collected from Kayla's clothing and Zavala-Garcia's clothing during the trace analysis should be submitted for DNA testing at the DPS crime lab and the University of North Texas Health Science Center.

    Hairs recovered with the root can be tested at the DPS lab. However, hairs recovered without a root must be tested at the University of North Texas Health Science Center in Fort Worth.

    The trace evidence section at DPS is in the process of preparing the items for DNA testing. This process includes cataloging and photographing the evidence prior to sending it for DNA testing.

    Both sides praised the efforts and the way the DPS crime lab has accommodated them during the ongoing investigation.

    Skeen signed an order approving the DNA testing and said he would like for the DNA analyst to come to the next pretrial conference and tell the court how long it will take to get DNA results from the testing.

    He said he believes the testimony on July 12 will help him determine if the scheduling order will need to be changed.

    DPS DNA analyst Amber Moss said in the last pretrial conference that if the evidence has to be sent to the UNT Health Science Center in Fort Worth for testing she is not sure what that center's backlog is or how long it would take to do the tests.

    Bingham said he spoke to Kayla's brother on Wednesday to explain the motion. He said he is also planning to meet with the Gomez-Orozco family next week.

    Bingham said the prosecution is asking the court for the death penalty. He said he would rather have these items tested for DNA than to have to read about not having them tested in appellate documents down the road.

    Zavala-Garcia, 25, who was related to Kayla by marriage, was among the last people to see her before she went missing Nov. 1, 2016, from the foyer of Bullard First Assembly on U.S. Highway 69.

    Her body was found four days later in a well on the property where Zavala-Garcia lived, in the 22100 block of Farm-to-Market Road 2493 (Old Jacksonville Highway) in Bullard.

    It is unclear what exactly caused her death, and at the time the indictment was released Bingham declined to comment, citing the restrictive and protective order in the case.

    In the indictment, prosecutors contend Zavala-Garcia attacked Kayla and sexually assaulted or attempted to sexually assault her after her kidnapping.

    Prosecutors also contend he struck Kayla with and against a blunt object, asphyxiated her and drowned her.

    https://tylerpaper.com/news/local/up...c3ecc4c4d.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Zavala-Garcia back in court Thursday

    By Stephanie Frazier
    KTRE News

    SMITH COUNTY, TX (KLTV) - Accused murderer Gustavo Zavala-Garcia will be back in a Smith County Courtroom on July 12.

    Zavala-Garcia is accused of killing a 10 year old, Kayla Gomez-Orozco, in November 2016. After she went missing from church, an extensive search was conducted. Her body was found in a well on Zavala-Garcia's property.

    His Pre-trial hearing in March was postponed due to the need for further DNA testing. At that time, Smith County District Attorney DA Matt Bingham. said that The Texas Department of Public Safety said that the forensic testing should be completed by the end of July.

    Bingham said 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.

    http://www.ktre.com/story/38625031/z...court-thursday
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  6. #26
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    DNA testing could again reschedule trial

    By Micah McCartney
    Bullard News

    A DNA analyst testified in the murder trial of a suspect accused of killing a Tyler girl after kidnapping her from a Bullard church in 2016, stating that it could take until mid-November for additional DNA testing and the subsequent report to be filed.

    In a pre-trial hearing for Gustavo Zavala-Garcia, held Thursday, July 12, inside the 241st District Court of Judge Jack Skeen Jr., Kristen Cossota with the Texas Department of Public Safety said that the DPS lab was beginning trace analysis of approximately 400 hairs with possible roots that may give experts enough for a DNA profile.

    Judge Skeen told the state and the defense that the purpose of the July pre-trial hearing was to hear testimony that both sides wanted to have on the record, as well as receive updates from the DPS lab on its DNA testing.

    According to Cossota, the large sum of the hairs was located on several items belonging to the victim, 10-year-old Kayla Gomez Orozco, of Tyler, such as her shirt and skirt.

    The court is currently operating under an agreed motion with the DPS testing lab to allow the defense to see DNA testing results at the lab facilities or at a nearby university facility. According to the state, represented by Smith County District Attorney Matt Bingham and Smith County District Attorney-Elect Jacob Putman, biological material for the state and defense agreed that DNA testing needed to be done in May.

    Cossota told the court that there could be about 24 total hairs, or two batches for testing, that may contain enough to build the DNA profile. DPS is in the process of determining which hairs have roots or tissue attached, or are in the anagen phase.

    If the hairs do not contain the needed characteristics, Cossota said it would be unlikely for experts to be able to establish the profile necessary. She also stated that testing 400 individual hairs would put a constraint on both the DPS lab’s time and budget.

    Cossota estimated that it would take a timeframe of 30 days to complete the trace analysis. If hairs are found with enough to build the DNA profile, Cossota said the DPS lab would need an additional 60 days to perform the DNA testing, as well as another 30 days to write the findings in a report.

    Jury selection in the murder trial of Zavala-Garcia was currently scheduled for Thursday, Aug. 30, with the qualification of the venire panel, as well as the court’s individual voir dire previously scheduled for Monday, Sept. 10, and the docket call and trial scheduled for Monday, Oct. 8.

    However, with a delay in DNA testing, Cossota said the possibility of having the DNA testing and report completed by the previously set schedule “could be a stretch.”

    Skeen addressed the state and the defense about possibly rescheduling the start of the trial, saying that approximately 500 notices for the venire panel would have to be sent out in July for possible candidates to appear in the court on Thursday, Aug. 30.

    Skeen also said no additional dates could be sent until the court receives a report from the DPS lab to give more of an idea for dates available for the court’s venire panel, individual voir dire, and the start of the trial.

    After attending a prayer service at Bullard First Assembly of God on Tuesday, Nov. 1, 2016, Gomez-Orozco was reported missing by her family, prompting the issuance of an AMBER Alert, as well as a four day search by law enforcement agencies at the local, county, state, and federal levels, and by local residents on the fourth day.

    Officials found the body of Gomez-Orozco late Saturday, Nov. 5, 2016, inside of a water well approximately 25-to-28 feet deep and filled with approximately six-to-eight feet of water, according to Smith County Sheriff Larry Smith. The property was located in the 23000 block of Old Jacksonville Highway, north of Bullard, and was being rented by Zavala-Garcia and his family.

    According to the affidavit, officials believe a timeframe of 17 minutes elapsed from Gomez-Orozco’s disappearance at the church to when Zavala-Garcia placed the girl’s body in the well.

    Zavala-Garcia is described as a family member by marriage to Gomez-Orozco. During a polygraph test after his arrest, he initially said “yes” when asked if he caused the girl’s death, but later recanted his statement.

    In an affidavit in the case, Zavala-Garcia is believe to have kidnapped and intentionally killed Gomez-Orozco by an act of homicidal violence, as well as possibly sexually and physically assaulted the girl, possibly striking her with a blunt object, in addition to causing her to asphyxiate and drown.

    An official cause of death for Gomez-Orozco has yet to be announced by authorities.

    Zavala-Garcia has been in custody at the Smith County Jail for almost 21 months. In that time, he has spent time in solitary confinement after climbing up a basketball goal in the jail’s recreation yard, located on the roof. He is charged with one count of murder in the case with bond set at $10 million, and is also being held on an Immigration Detainer, according to Smith County Jail Records.

    Bingham and the Smith County Attorney’s Office announced in April 2017 that the death penalty would be sought in Zavala-Garcia’s trial.

    The next scheduled pre-trial hearing in the case is scheduled for 10 a.m. Thursday, Aug. 16.

    https://bullardnews.com/stories/dna-...e-trial,127407
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  7. #27
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    Capital murder trial for man accused of killing 10-year-old Kayla Gomez-Orozco expected to start March 2019

    By James Hartley
    Tyler Morning Telegraph

    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.

    Gustavo Zavala-Garcia, 26, was indicted in 2017 and faces a capital murder charge. If convicted, he could be sentenced to death.

    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.

    As the schedule stands, Skeen plans to subpoena a jury pool to fill out questionnaires on Feb. 4. Because the state is seeking the death penalty, potential jurors will be called back over the course of four weeks for individual voir dire questioning.

    While the full prosecution team has not been selected, Jacob Putman, the assistant district attorney who won the Republican primary to take over as DA, said outgoing DA Matt Bingham may be assisting in the trial.

    Zavala-Garcia is accused of killing Kayla in November 2016. He was related to her by marriage and was among the last people to see her before she went missing Nov. 1, 2016, from the foyer of Bullard First Assembly on U.S. Highway 69.

    Her body was found four days later in a well on the property where Zavala-Garcia lived, in the 22100 block of Farm-to-Market Road 2493 (Old Jacksonville Highway) in Bullard.

    It is unclear what exactly caused her death, and at the time the indictment was released Bingham declined to comment, citing the restrictive and protective order in the case.

    In the indictment, prosecutors contend Zavala-Garcia attacked Kayla and sexually assaulted or attempted to sexually assault her after her kidnapping.

    Prosecutors also contend he struck Kayla with and against a blunt object, asphyxiated her and drowned her.

    https://tylerpaper.com/news/local/ca...4392a5baf.html
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    New schedule slates March 2019 for Kayla Gomez murder trial

    By Micah McCartney
    Tri County Leader

    The judge presiding over the trial of a suspect accused of kidnapping and murdering a 10-year-old Tyler girl in Bullard has issued a new scheduling order in the case, potentially pushing the start of the trial until March 2019.

    The suspect, Gustavo Zavala-Garcia, is accused of kidnapping the victim from Bullard First Assembly after a service Tuesday, Nov. 1, 2016. After a four-day search, the body of 10-year-old Kayla Gomez-Orozco was found inside of a water well on Zavala-Garcia’s property.

    Smith County District Attorney Matt Bingham‘s office announced in April 2017 that the death penalty would be sought in Zavala-Garcia’s trial.

    Zavala-Garcia initially confessed by answering “yes” when asked if he caused the girl’s death during a polygraph test, but has since recanted his statement.

    According to the affidavit, officials believe a timeframe of 17 minutes elapsed from Gomez-Orozco’s disappearance at the church to when Zavala-Garcia placed the girl’s body in the well.

    Zavala-Garcia is believed to have kidnapped and intentionally killed Gomez-Orozco by an act of homicidal violence, as well as possibly sexually and physically assaulted the girl, possibly striking her with a blunt object, in addition to causing her to asphyxiate and drown, according to the affidavit.

    During a pre-trial hearing on Thursday, Aug. 16, Judge Jack Skeen, Jr. of the 241st District Court in Tyler signed a new scheduling and pre-trial order indicating a start date of Monday, March 18, 2019 for Zavala-Garcia’s capital murder trial.

    According to Skeen, the main purpose of the August pre-trial was to allow the court to receive an update on agreed testing of biological material in the case.

    During the hearing, Smith County Assistant District Attorney Jacob Putman, who will become the acting District Attorney in January, interviewed Kristen Cossota with the Texas Department of Public Safety via telephone.

    Cossota said in her testimony that the first 24 samples of hairs submitted for trace analysis have been completed. She anticipated that the final results on the samples will be ready in approximately 60 days, giving an estimated date of Monday, Oct. 15, and would evaluate if additional testing is requested by the defense. She also stated that she would be willing to continue to work with the defense in regards to testing.

    Judge Skeen also listed a number of important dates upcoming for the trial, including a discovery deadline of Thursday, Oct. 25, pre-trial motion filing deadline of Thursday, Nov. 8, and plea agreement deadline of Thursday, Dec. 13.

    The case’s vernire panel is slated for Thursday, Jan. 24, while the individual voir-dire is scheduled to begin Monday, Feb. 4. Additionally, a total of eight pre-trial hearings have been scheduled between September 2018 and March 2019.

    Judge Skeen said that he believes the Zavala-Garcia murder case is moving along consistently, with both the state and defense making requests and requirements of DNA testing.

    “We all want the [testing] done because we all want to see that justice is done,” said Skeen.

    An official cause of death for Gomez-Orozco has yet to be announced by authorities.

    http://www.tricountyleader.com/stori...r-trial,128567
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  9. #29
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    Zavala-Garcia trial pushed back again to May 2019, more DNA testing requested

    She testified it will take the trace experts at the DPS lab about 30 days to get the items ready and transferred to the UNT lab and it will take the UNT lab about 6 months to test the items

    The state and defense have agreed that more DNA testing is needed before the capital murder case for the man accused of the 2016 killing of 10-year-old Kayla Gomez-Orozco can go to trial. This agreed order will push the trial date back another 2 months.

    Gustavo Zavala-Garcia appeared in court Thursday for a pretrial hearing regarding DNA testing of trace evidence.

    A forensic expert from the Texas Department of Public Safety lab in Garland testified the lab issued a report to the state on Oct. 10.

    She said the lab tested 24 samples through nuclear DNA testing and she has been working with the defense expert to find the items that are best suited for mitochondrial testing, a testing method the DPS lab cannot perform.

    The DPS lab agreed to send 10 items to the University of North Texas lab for mitochondrial DNA testing.

    She testified it will take the trace experts at the DPS lab about 30 days to get the items ready and transferred to the UNT lab and it will take the UNT lab about 6 months to test the items.

    Judge Jack Skeen with the 241st District Court said if the state and defense agree the mitochondrial testing is necessary, then the court will issue an issue an order to have the testing done and amend the scheduling order for the trial.

    "The defense is requesting it and state is agreeing to it," Smith County Assistant District Attorney Jacob Putman said. "It's a death penalty case and we want to make sure it's right."

    Skeen said the court will reschedule the trial to the end of May based on the testimony from the DPS forensic expert.

    He said the new scheduling order would also set a date to bring in the jury panel because it normally takes about 4 weeks to select a jury for a death penalty case.

    "A panel of about 300 people will be called and it will take about 4 weeks to pick the jury," Skeen said.

    The state and defense agreed the trial should be pushed back until the end of May 2019.

    Zavala-Garcia is accused of killing Kayla in November 2016. He was related to her by marriage and was among the last people to see her before she went missing Nov. 1, 2016, from the foyer of Bullard First Assembly on U.S. Highway 69.

    Her body was found 4 days later in a well on the property where Zavala-Garcia lived, in the 22100 block of Farm-to-Market Road 2493 (Old Jacksonville Highway) in Bullard.

    It is unclear what exactly caused her death, and at the time the indictment was released, District Attorney Matt Bingham declined to comment, citing the restrictive and protective order in the case.

    In the indictment, prosecutors contend Zavala-Garcia attacked Kayla and sexually assaulted or attempted to sexually assault her after her kidnapping.

    Prosecutors also contend he struck Kayla with and against a blunt object, asphyxiated her and drowned her.

    (source: KYTX news)
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  10. #30
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    Zavala-Garcia murder trial pushed back to July 2019

    The capital murder trial for Gustavo Zavala-Garcia has been delayed again

    By KYTX News Staff

    TYLER, Texas — 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.

    Jury selection is now slated to take place on June 6 and June 10.

    Zavala-Garcia is accused of killing Kayla Gomez-Orozco, 10, in November 2016. He was related to her by marriage and was among the last people to see her before she went missing on November 1, 2016, from the foyer of Bullard First Assembly on U.S. Highway 69.

    Her body was found four days later in a well on the property where Zavala-Garcia lived, in the 22100 block of Farm-to-Market Road 2493 in Bullard.

    In the indictment, prosecutors contend Zavala-Garcia attacked Gomez-Orozco and sexually assaulted or attempted to sexually assault her after she was kidnapping.

    Prosecutors also say Zavala-Garcia struck Gomez-Orozco with and against a blunt object, choked and drowned her.

    https://www.cbs19.tv/article/news/za...0-9beef5db5a68
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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