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

  1. #11
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    Smith County District Attorney to seek death penalty in Kayla Gomez-Orozco case

    TYLER, TX (KLTV) - When the Bullard man accused of abducting and killing 10-year-old Kayla Gomez-Orozco goes on trial in October, he will be facing the death penalty if found guilty.

    Smith County District Attorney Matt Bingham filed his intent to seek the death penalty in the case on Wednesday morning. Bingham cannot speak on the case due to a gag order, but a document filed in Smith County’s 241st District Court states the prosecution’s intention.

    Gustavo Zavala-Garcia, 24, was arrested and charged with capital murder this past November after the body of Gomez-Orozco was discovered inside a water well outside his residence off Old Jacksonville Highway in southern Smith County. Family reported Gomez-Orozco missing after a church service in Bullard on Nov. 1. Zavala-Garcia, who is related to the child through marriage, is named among those who were the last to see her alive.

    Zavala-Garcia has remained jailed in Smith County on a $10 million bond and immigration detainer.

    In February, Zavala-Garcia was involved in an incident in the recreation area on top of the Smith County Jail, when he climbed a basketball goal and refused to come down. Officials said the incident is not regarded as an escape attempt, there were no injuries and no additional charges were added to Zavala-Garcia’s arrest record.

    The first pre-trial hearing in the case is set for April 27, in the 241st District Court in Smith County. Jury selection is scheduled to begin in August for the Oct. 2 trial.

    http://www.kltv.com/story/35201651/s...ez-orozco-case
    "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. #12
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    Pre-trial hearing in capital murder case of Gustavo Zavala-Garcia reveals plethora of information

    By Emily Guevara
    The Tyler Morning Telegraph

    During a short pre-trial hearing Wednesday morning, lawyers on both sides of the case against a 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 in the 241st District Court lasted less than 15 minutes and provided an update of how the capital murder case against Gustavo Zavala-Garcia is coming together.

    Zavala-Garcia, 24, who is accused of killing 10-year-old Kayla Gomez-Orozco in November 2016.

    First Assistant District Attorney April Sikes said the state has provided the defense with almost 4,000 pages and more than 100 gigabytes of digital information as part of the discovery process.

    Part of the remaining evidence to be provided is unfinished, she said, and includes forensic tests that are underway. That will be turned over to the defense when it is complete.

    “We are working very hard to go through all this discovery,” Mrs. Sikes said. “There is a tremendous amount of paper discovery … and then a tremendous amount of digital discovery.”

    Judge Jack Skeen Jr. concurred saying there is extensive material forensic and otherwise involved in this case, and the main focus of the court right now is to move the case along and keep it on schedule.

    Zavala-Garcia was in the courtroom for the hearing. He was escorted into the courtroom by two sheriff's deputies at 8:48 a.m., and during the hearing his interpreter stood behind him, translating the proceedings.

    When the hearing concluded, Zavala-Garcia stood and quietly conversed with his attorneys with the help of interpreters.

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

    During the hearings, the court could consider any motions filed by the prosecution or defense.

    These could include motions to exclude evidence, for change of venue or notice of intent to plead insanity.

    The April pre-trial hearing was waived because the prosecution and the defense said there was no need for one at the time. The state filed its notice of intent to seek the death penalty on April 19.

    Zavala-Garcia, who was related to Kayla by marriage, was reportedly 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.

    Kayla’s 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.

    In the indictment of Zavala-Garcia, prosecutors contend he 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.

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

    Jury selection is scheduled for Aug. 17. Individual voir dire is scheduled to begin Aug. 22.

    http://www.cbs19.tv/news/pre-trial-h...tion/444504727

  3. #13
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    Judge approves motion to delay trial for man accused of killing Kayla Gomez-Orozco

    By Whitney Mayfield
    KLTV News

    A judge has approved the joint motion to delay the trial for the man accused of killing 10-year-old Kayla Gomez-Orozco.

    The attorney for Gustavo Zavala-Garcia, 24, who is charged with capital murder, and attorneys for the state filed a motion to delay the case on Thursday. The trial was scheduled to begin August 17.

    Friday, Judge Jack Skeen Jr. agreed to the motion to extend the deadline for pre-trial motions to be filed.

    According to Zavala-Garcia's attorney, J.Brett Harrison, there are massive amounts of evidence and DNA testing results that are not back that will need to be presented in court. In order to prepare and present meaningful pre-trial motions, the parties requested additional time to review the "voluminous amount of discovery in this case."

    Harrison tells KLTV this is not uncommon in capital murder cases and he has known for a while that they were going to file for this joint motion. An exact date of a new trial has not been set.

    Zavala Garcia was arrested and charged with capital murder this past November after the body of Gomez-Orozco was discovered inside a water well outside his residence off Old Jacksonville Highway in southern Smith County. The family reported Gomez-Orozco missing after a church service in Bullard on Nov. 1. Zavala-Garcia, who is related to the child through marriage, is named among those who were the last to see her alive.

    Zavala-Garcia has remained jailed in Smith County on a $10 million bond and an immigration detainer.

    The State of Texas has filed its notice of intent to seek the Death Penalty for Zavala-Garcia.

    http://www.kltv.com/story/35790178/j...a-gomez-orozco
    "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. #14
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    Trial date postponed for capital murder suspect Gustavo Zavala-Garcia, set for February 2018

    By Emily Guevera
    Tyler Morning Telegraph

    The trial date for capital murder suspect Gustavo Zavala-Garcia has been postponed.

    Judge Jack Skeen Jr. with the 241st District Court said Thursday he would set a potential trial date for February 2018, four months after the originally scheduled trial date of Oct. 2, 2017.

    The attorneys on both sides of the case filed a joint motion for continuance June 29 citing the massive amount of information to be reviewed and forensic testing to be done as the reasons for the request

    In the motion, they said they would need at least eight to 10 months from the present to review evidence and make decisions about forensic testing.

    Zavala-Garcia, 25, is accused of killing 10-year-old Kayla Gomez-Orozco in November 2016.

    The accused, who was related to Kayla by marriage, was reportedly 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.

    Kayla’s 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.

    http://www.tylerpaper.com/TP-News+Lo...lagarcia-trial
    "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

  5. #15
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    Man accused of killing of Kayla Gomez-Orozco set to appear in court on Thursday

    By Emily Guevera
    Tyler Morning Telegraph

    The man accused of killing 10-year-old Kayla Gomez-Orozco is set to appear in court Thursday for a pre-trial hearing.

    Gustavo Zavala-Garcia, 25, is charged with capital murder.

    During the 9 a.m. hearing, attorneys for the prosecution and defense will have the opportunity to update 241st District Court Judge Jack Skeen Jr. about how the case is progressing.

    The attorneys may provide an update about the review of evidence, the status of DNA testing and any further testing that may be required.

    In addition, the court could consider any motions filed by the prosecution or defense. These could include motions to exclude evidence, for change of venue or notice of intent to plead insanity.

    During the July pre-trial hearing, the judge decided to postpone the trial date from Oct. 2, 2017, to March 19, 2018.

    The change came after attorneys on both sides of the case filed a joint motion for continuance.

    In the motion, they cited the massive amount of information to be reviewed and forensic testing to be done as the reason for the request.

    Because the prosecution is pursing the death penalty, the Texas Code of Criminal Procedure requires DNA testing on any biological evidence in the state’s possession that was collected as part of the investigation.

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

    The girl's 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, Smith County 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.

    http://www.tylerpaper.com/TP-News+Lo...rt-on-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. #16
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    Trial date set for capital murder suspect Gustavo Zavala-Garcia

    By Emily Guevera
    Tyler Morning Telegraph

    The trial date for capital murder suspect Gustavo Zavala-Garcia has been scheduled for March 19, 2018.

    Zavala-Garcia, 25, is accused of killing 10-year-old Kayla Gomez-Orozco in November 2016.

    Judge Jack Skeen, of the 241st District Court, said the court will likely wait until December of January to determine if it needs to push back jury selection and trial date.

    The first assistant district attorney says forensic testing on evidence is expected to be complete by early January.

    This story will be updated.

    http://www.tylerpaper.com/TP-News+Lo...o-zavalagarcia
    "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. #17
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    KAYLA GOMEZ MURDER TRIAL

    Judge sets start date for suspect’s trial

    By Micah McCartney
    Bullard Banner News

    The man accused of kidnapping a 10-year-old Tyler girl from a church in Bullard almost a year ago and causing her death made an appearance in front of a judge inside the Smith County Courthouse last week.

    On Tuesday, Oct. 10, a pre-trial hearing for Gustavo Zavala-Garcia was held with both prosecutors and Zavala-Garcia’s defense team before the 241st District Court of Judge Jack Skeen Jr. inside the Smith County Court House in Tyler.

    Zavala-Garcia was arrested in November 2016 and charged with capital murder in the disappearance and death of 10-year-old Kayla Gomez-Orozco of Tyler.

    During the pre-trial hearing, Smith County First Assistant District Attorney April Sykes informed Judge Skeen that an additional 12-15 items have been sent to the lab for forensic testing since the previous hearing.

    Sykes also said the District Attorney’s office was notified by the Texas Department of Public Safety that trace analysis will hopefully be completed by the end of October, while also hoping for the completion of testing of all items requested by the state and the defense by the end of December.

    Judge Skeen informed both the state and the defense that the Texas DPS lab is accelerating its speed in testing items pertaining to capital murder death cases and cases in which the state is seeking the death penalty. Skeen said it seemed DPS was constantly working on all items and giving back realistic testing deadline goals.

    In reference to the trial’s schedule, Judge Skeen stated he believes it appears the trial will continue with the current schedule and can grant additional pre-trial hearing if necessary, based on evidence testing.

    Presently, Zavala-Garcia is slated to appear in two more pre-trial hearings in 2017 (Wednesday, Nov. 8 and Thursday, Dec. 14), as well as an additional hearing in 2018 (Thursday, January 4), with voir dire central panel selection on Thursday, Feb. 8 and voir dire individual selection on Monday, Feb. 12. Skeen predicted approximately 200-3300 people being sent notices when voir dire begins.

    According to Judge Skeen’s schedule, the official start of Zavala-Garcia’s murder trial is scheduled for Monday, March 19.

    On Tuesday, Nov. 1, 2016, Gomez-Orozco was reported missing after attending a prayer service with her mother at Bullard First Assembly of God church, located on Highway 69 S. in Bullard. Officials issued an AMBER Alert for Gomez-Orozco the following day.

    The day after her disappearance, the city of Bullard was converged upon by representatives and agents of numerous law enforcement agencies to begin the search, which lasted three days before welcoming assistance from the Bullard and East Texas communities prompting over 1,000 volunteers to give of their time and efforts in the search for any sign of the missing girl.

    During the late hours of Sunday, Nov. 6, 2016, the body of Gomez-Orozco was found inside of a water well on Zavala-Garcia’s property, located in the 23000 block of Old Jacksonville Highway, north of Bullard. The well was approximately 25-to-28 feet deep and filled with approximately six to eight feet of water, according to Smith County Sheriff Larry Smith.

    After locating the body, officials arrested Zavala-Garcia, who is described as a relative by marriage of Gomez-Orozco. He was given a consensual polygraph exam by officials after his arrest, during which he answered “yes” to questions regarding causing Gomez-Orozco’s death; however, Zavala-Garcia later recanted his answers.

    In the indictment against him, jurors believe Zavala-Garcia “did then and there intentionally cause the death of an individual, namely, Kayla Gomez-Orozco, by homicidal violence through a specific means unknown to the grand jury, and [Zavala-Garcia] was then and there in the course of committing or attempting to commit the offense of kidnapping.”

    Jurors also that Gomez-Orozco may have been sexually assaulted and physically assaulted by Zavala-Garcia, possibly striking her with a blunt object, as well as causing her asphyxiation and drowning.

    The affidavit also states that Zavala-Garcia placed the girl inside of the well in a 17-minute timeframe after kidnapping her from the church, according to officials.

    On Wednesday, April 19, Smith County District Attorney Matt Bingham filed a motion to pursue the death penalty in Zavala Garcia’s murder trial.

    Zavala-Garcia remains inside of the Smith County Jail charged with one count of Capital Murder with a $10 million bond and an Immigration Detainer, according to Smith County Jail Records.

    http://www.bullardnews.com/stories/k...r-trial,117316
    "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

  8. #18
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    Court awaits completion of trace analysis, DNA testing in case of capital murder suspect Gustavo Zavala-Garcia

    By Emily Guevara
    Tyler Morning Telegraph

    The completion of trace analysis and DNA testing is the next step in the case of capital murder suspect Gustavo Zavala-Garcia, who is accused of killing 10-year-old Kayla Gomez-Orozco in November 2016.

    Zavala-Garcia, 25, appeared in the 241st District Court on Wednesday for a pretrial hearing, during which Smith County District Attorney Matt Bingham updated Judge Jack Skeen about the status of DNA testing.

    Bingham said based on conversations with a Texas Department of Public Safety employee, he expects to receive a final report on the trace analysis of the originally submitted items by early December.

    The trace analysis considers materials such as hair, fibers, paint and glass that could be transferred during a violent crime.

    In addition, Bingham said the defense attorneys selected about 12 items to submit for DNA testing and those should be completed by next week.

    All of the initial DNA testing should be done by the end of December, with a report submitted after that, Bingham said.

    He told Skeen the prosecution has provided all the information it has to the defense.

    “There’s nothing that we have that they don’t have,” Bingham said.

    The next pretrial hearing is scheduled for Dec. 14., with four more hearings scheduled for early 2018, before jury selection is set to begin in February. The trial date is slated for March 19, 2018.

    Skeen said he would keep the schedule as is until he has a full picture of what’s been tested and the final reports from the trace analysis and DNA testing. At that point the defense has the right to request their own testing.

    Skeen said any change to the schedule likely would be made by Jan. 4 at the latest.

    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.

    http://www.tylerpaper.com/TP-News+Lo...o-zavalagarcia
    "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. #19
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    Wait for DNA test results could delay Smith County capital murder trial

    By Brionna Rivers
    KLTV News

    SMITH COUNTY, TX (KLTV) - 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.

    Zavala-Garcia is suspected of murdering 10-year-old Kayla Gomez-Orozco, of Bullard, in November 2016. Kayla's body was found in a well on Zavala-Garcia's property, days after she was abducted from a prayer service in Bullard.

    Zavala-Garcia is charged with capital murder.

    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.kltv.com/story/37068274/w...l-murder-trial
    "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. #20
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    Zavala-Garcia trial reset, further DNA testing needed

    By Whitney Mayfield
    KLTV News

    SMITH COUNTY, TX (KLTV) - A pre-trial hearing for the man accused of killing 10-year-old Kayla Gomez-Orozco, ended in the rescheduling of hearings, jury selection, and a trial date in the case.

    Gustavo Zavala-Garcia, of Bullard, was charged in November of 2016 with capital murder for the death of Gomez-Orozco, after her body was found on his property.

    The purpose of Thursday's pre-trial hearing was to get a status update on the DNA testing which was scheduled to be completed soon. Officials said the results would not be in until the end of January.

    Judge Jack Skeen says this case is heavy in forensics which becomes a major determination in the timeline of the trial and decided that the case should be moved back. The State agreed that the trial should be moved back.

    An order for continuance was granted in the case.

    "The Court and counsel cannot meet the present scheduling order in this case for the venire panel to report on Feb. 8, 2018, and the trial for March 19, 2018," the order reads.

    The document also notes that District Attorney Matt Bingham and Assistant District Attorney April Sikes are scheduled to begin proceedings another capital murder trial in May and June.

    The State and defense both suggested new dates of Aug. 30, 2018, for the central jury panel scheduling, Sept. 10 for individual selection, and Oct. 8 for the trial. Skeen agreed to the dates and will issue an amended scheduling in order with the new dates. The amended schedule will also include new pre-trial dates.

    In April last year, Bingham filed his intent to seek the death penalty in the case.

    Zavala-Garcia has remained jailed in Smith County on a $10 million bond and an immigration detainer.

    http://www.kltv.com/story/37191873/z...testing-needed
    "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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