Results 1 to 10 of 10

Thread: Capital Murder Charge Thrown Out for Ivan Gabaldon In 2021 TX Murder Of Juan Garcia Flores

  1. #1
    Moderator Bobsicles's Avatar
    Join Date
    Jan 2019
    Location
    Tennessee
    Posts
    7,316

    Capital Murder Charge Thrown Out for Ivan Gabaldon In 2021 TX Murder Of Juan Garcia Flores

    8FD1EE58-304D-46C3-8C2D-9C43B9A5FC52.jpeg
    Gabaldon


    El Paso prosecutor offers lowered bond for Juárez man wanted for murder, then says he’ll seek death penalty for suspect

    by: Aaron J. Montes

    EL PASO, Texas (KTSM) – This week, Curtis Cox – a lead prosecutor for the El Paso County District Attorney’s Office – offered to allow a Juárez man wanted for murder to bond out of jail at a reduced price, but later backtracked, saying he’d seek a capital murder charge for the man and possibly the death penalty.

    The event unfolded during a recent stream of a court hearing involving Ivan Gabaldon, a 20-year-old accused of murdering 63-year-old Juan Garcia Flores in March. Court documents say Gabaldon allegedly stabbed Garcia during a paid sexual encounter at a building on Texas Avenue.

    A police document outlining the events says Garcia allegedly began to try acts that Gabaldon did not consent to, and that’s when Gabaldon allegedly stabbed Garcia repeatedly.

    Gabaldon is behind bars at the El Paso County Detention Facility under a felony murder charge. He was jailed on February 28 and is being kept on a $1 million bond.

    It has been eight months since the events transpired, and now Gabaldon’s lawyers say they are ready for the jury trial scheduled on December 2, but they are accusing the District Attorney’s Office of stalling the case.

    The District Attorney’s Office did not answer questions provided by KTSM 9 News and emailed a short statement. The court issued a gag order on all individuals involved in the case, including family members, from speaking with the press 13 minutes after the station reached out to the District Attorney’s office for comment.

    “No comment,” the statement said.

    On a YouTube stream of a final conference on Tuesday, criminal defense attorneys Omar Carmona and Denise Butterworth told district court judge Alyssa Perez late filings by the District Attorney’s Office were untimely.

    Cox, senior division chief for the DA’s Office, admitted he had not wholly reviewed the files associated with the case, and his office filed a motion for continuance or to change the date of the trial.

    He stated there is a concern in case law that involves the need to see the face of jurors and did not want to see an appeal because they wore masks.

    Cox also said he is scheduled for a jury selection the day after the trial; forensic testing in the case had not returned, and there are three witnesses the office has not located.

    Defense attorney Omar Carmona said Gabaldon has been in custody and wants the case to be tried “right away.” His family in Mexico needs his help because he has not supported them being in jail, Carmona added.

    “I understand Mr. Cox’s concern. If he has jury duty, he has jury duty,” Carmona said. “Your honor, by my count, there have been at least seven different prosecutors that have had some hand in this case. Two are no longer with the DA’s office. I am gonna insist that people had had a hand in this case, and we are ready to try this case judge.”

    Cox then replied, saying he would not oppose Gabaldon bonding out of jail as his office sought rescheduling of the trial.

    “Since I am moving for a continuance, I am not going to take the position that I am opposed to the court lowering the defendant’s bond to an amount that he could afford and get out,” Cox said.

    “He can’t afford it,” Carmona answered. “It’s got to be a PR bond, or we’re in the same situation.”

    “Because the state is saying ‘it is not ready,’ I am not going to object to that,” Cox replied.

    Judge Perez interjected, saying she did not think it was fair to the court to have so much time pass while an individual is in jail. She said she understood some of the DA’s office’s concerns in their request for a new trial date but did take issue with locating witnesses.

    “But certainly with respect to the witnesses, obviously does bring me concern because you’re at a disadvantage as well,” she said. “Unfortunately, I think that’s on you all for not. We’ve been on this case for quite a while.”

    Cox then replied, saying he’d pursue a more serious charge for Gabaldon.

    “And, your honor, just to be completely transparent, I am also planning to take this case back to the grand jury to reindict it as a capital murder,” Cox said. “That will happen, assuming we can get a quorum before the trial date in this case. And, then we will decide whether to seek the death penalty.

    “The evidence I’ve seen paints a very clear picture that this was an intentional killing in the course of a furtherance of a robbery.”

    Gabaldon’s attorneys were critical of Cox’s position and criticized the DA’s office handling of the case.

    “We’re in a situation with weeks before our trial; now, we’re looking at a capital murder. My thought is, this is just a way to delay,” Carmona said. “We are ready, and if they indict, your honor, we are willing to waive our ten days.”

    Criminal defense attorney Denise Butterworth also said the DA’s office did not adequately prepare for the case.

    “Because what it is showing the court and hopefully the record will be clear, that there is a lack of preparation, regardless of who decides they are going to be first chair, second chair, third chair,” Butterworth said. “This date has been in the books for a while. It is on, as a whole, the DA’s office to be ready for trial.”

    Since Yvonne Rosales took office, the District Attorney’s Office has not held a jury trial in a murder case. There are currently two pending Capital Murder death penalty cases; both occurred in 2019 and do not have a set trial date. One includes the case against Patrick Crusius, the accused shooter in the August 3 attack on an East Side Walmart.

    https://www.ktsm.com/local/el-paso-p...y-for-suspect/
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  2. #2
    Moderator Bobsicles's Avatar
    Join Date
    Jan 2019
    Location
    Tennessee
    Posts
    7,316
    District judge denies delay in capital murder trial as prosecutors admit case mishandled

    Aaron Martinez
    El Paso Times

    A state district court judge denied a motion for a continuance in a capital murder trial made by the El Paso County District Attorney's Office after prosecutors admitted the office has mishandled the case.

    Judge Alyssa Perez, who presides over the 210th District Court, on Friday denied the motion for a continuance filed by prosecutors and kept the Dec. 2 trial date.

    The ruling came after two contentious court hearings last week during which defense lawyers accused state prosecutors of attempting to stall the case because they are unprepared to go to trial, despite having months to work on the case.

    A gag order prevents prosecutors, defense lawyers and anyone else involved in the case from commenting on it.

    State prosecutors admitted mishandling of the case led to the District Attorney's Office not being ready to go trial, but then indicted the defendant on a capital murder charge and stated they now are considering seeking the death penalty and therefore need more time to make that decision.

    The case involves the arrest of Ivan Gabaldon, who originally was arrested on suspicion of murder in connection with the Feb. 22 stabbing death of 63-year-old Juan Garcia Flores in a building on Texas Avenue near Downtown El Paso. His body was found the next day.

    Defense lawyers are claiming Gabaldon acted in self-defense.

    Gabaldon has remained in the El Paso County Jail since his arrest March 5.

    During a hearing Tuesday, El Paso County District Attorney’s Office Senior Division Chief Curtis Cox admitted prosecutors had taken no action in the case.

    Cox said several prosecutors were given the case but "apparently for at least the next six months effectively did nothing"

    State prosecutors then indicted Gabaldon on Wednesday on a capital murder.

    The original murder charge then was dismissed Friday.

    Cox and state prosecutor Scott Ferguson said during a hearing Friday that the District Attorney's Office now is considering seeking the death penalty against Gabaldon and therefore needs more time.

    "This case was not being handled by Mr. Cox or myself," Ferguson said. "It was being handled by a couple of other prosecutors who never brought it to our attention or to anybody above us. ... When it came to our attention, the facts of this case was, the immediate thought was, 'Well, we should re-indict because this is a horrible crime.' In fact, I have no doubt that we can bear the burden of proof and prove everything that is required to get the death penalty."

    The death penalty was brought up days after Cox offered to release Gabaldon from jail on a personal recognizance bond, also known as a PR bond.

    A PR bond is when a defendant is released from jail without having to post bail as long as the defendant agrees to and abides by several conditions set by a judge.

    Gabaldon currently is being held on a $1 million bond, jail records show.

    Defense lawyers Omar Carmona and Denise Butterworth questioned why the District Attorney's Office offered to release Gabaldon from jail if prosecutors thought the case might warrant the death penalty.

    "Now they're asking for more time even though they had that opportunity during all of the months that our client has been sitting in jail waiting for trial," Butterworth said. "But on Nov. 17, they chose to re-indict and now they're asking for more time to determine whether or not to seek the death penalty against our client. This is the same state of Texas that on Tuesday — 72 hours ago — offered to release our client to the streets on a full PR bond."

    She added prosecutors would have to prove to a jury "beyond a reasonable doubt that life in prison is not sufficient for the safety of our community and that he must be killed in order to protect society from the future danger that they would be alleging that he is."

    Since prosecutors were willing to release Gabaldon on a PR bond, they should be able to quickly determine that he should not face the death penalty, Butterworth argued.

    She alleged the District Attorney's Office is trying to stall the trial by saying it might seek the death penalty.

    Butterworth said, "I believe that the enormous power that the state of Texas has right now isn't being respected or honored where a defendant in this criminal justice system can be held in jail with so little consideration by the state of Texas that zero preparation was done on his case."

    She said threats of the death penalty are efforts by the District Attorney's Office to abuse the criminal justice system.

    "During the hearing that took place on Tuesday, basically threatening to kill this man in the middle of a hearing moments after offering him a PR bond, because that defendant is asking to go to trial, is asking for his facts to be heard by the community, by a jury, which is exactly how the system was designed to work," Butterworth said.

    Prosecutors countered they are not using the death penalty as a threat to get more time to prepare for trial.

    “That's not a threat," Ferguson countered. "If it becomes necessary for us to make the decision immediately, without any further time to consider, then the immediate decision is to seek the death penalty."

    He added that the death penalty "is justified in this case."

    Cox and Ferguson argued the state has not been able to contact witnesses in the case and hasn't received results for DNA evidence.

    Carmona and Butterworth said multiple times during the hearing that they are prepared to go to trial Dec. 2 whether or not prosecutors seek the death penalty.

    Judge Perez denied the motion for a continuance, stating the District Attorney's Office is responsible for preparing for trial, which it failed to do.

    "When you say the fact that this case was handled by multiple attorneys — I'm not going to question whether they had the skill level or ability, or if there was confusion — is exactly the point," the judge said to prosecutors. "The point is that if we were in this position, meaning on the eve of trial, and the state had been diligent about handling this case, then I could put that into context and give you a little more consideration on your request for continuance. The problem is that is not what has happened here."

    She added: "This case literally went nowhere within your office. It was treated like a hot potato, just kind of got bounced over here, bounced over there. Meanwhile, Mr. Gabaldon is sitting in jail and now he is indicted on a capital murder charge."

    Perez then set a hearing for Nov. 29 to hear any other motions filed before the case is tried Dec. 2.

    https://www.elpasotimes.com/story/ne...ed/8690241002/
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  3. #3
    Moderator Bobsicles's Avatar
    Join Date
    Jan 2019
    Location
    Tennessee
    Posts
    7,316
    District Attorney’s Office seeks death penalty for Juárez man; State Rep. critical of decision

    by: Aaron J. Montes

    EL PASO, Texas (KTSM) – A Juárez resident now faces the death penalty on a capital murder charge over a murder during an alleged paid sexual encounter in February.

    The District Attorney’s Office filed its intention to pursue the death penalty against Ivan Gabaldon, 20, on Monday, a week before the deadline to make the decision.

    The decision to pursue the capital murder penalty has drawn criticism from state representative Joe Moody of the 78th District.

    “For Texas to kill, it has to prove the person is such a future danger that locking them up forever won’t protect us,” Moody wrote on Twitter. “Yet, here, before threatening the death penalty, we have the prosecutor agreeing this guy should be out of jail until a new indictment.”

    The Juárez resident’s case goes to a jury trial on December 2 and a final hearing will be held on November 29.

    Gabaldon is accused of killing Juan Garcia Flores, 63, earlier this year when the two initially met for an alleged paid sexual encounter. Gabaldon’s attorneys claim he was defending himself when Garcia allegedly began doing sexual acts to Gabaldon that he did not consent to.

    Gabaldon was jailed in the El Paso County Detention Facility on a $1 million bond on a felony murder charge. The District Attorney’s Office sought a capital murder charge from a grand jury last Thursday.

    Last week, the DA’s office offered to let Gabaldon out of jail on a personal recognizance bond when prosecutors originally asked the court to allow for more time in the case. Prosecutors say they have not located all witnesses in the case they intend on calling and have not obtained results from forensic testing.

    But when defense attorneys for Gabaldon and District Judge Alyssa Perez signaled they would not support the request, prosecutor Curtis Cox announced his office would seek a capital murder charge for Gabaldon and consider the death penalty for him.

    Gabaldon’s defense attorneys have criticized the DA’s office handling of the case and for asking for more time.

    Defense attorneys say seven prosecutors have overseen the case over the last eight months and say the DA’s office has not subpoenaed witnesses.

    https://www.ktsm.com/local/el-paso-n...l-of-decision/
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  4. #4
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    El Paso District Attorney’s Office violates due process rights, defense attorneys for murder suspect say

    By Aaron J. Montes
    KTSM News

    EL PASO, Texas (KTSM) – Attorneys representing a 20-year-old Juarez resident accused for murder allege the El Paso County District Attorney’s Office violated his due process rights.

    Ivan Gabaldon is accused of stabbing Juan Garcia Flores, 63, to death after the two engaged in a paid sexual encounter in February. Gabaldon’s attorneys say he was defending himself when Garcia allegedly forced Gabaldon to do acts he did not consent to while holding a knife.

    Gabaldon was originally indicted on a murder charge but earlier this month, his charge was elevated to capital murder and the DA’s office is pursuing the death penalty for the 20-year-old.

    “(Gabaldon) was indicted for capital murder and the state elected to seek the death penalty as retribution for (Gabaldon) asserting his speedy trial rights guaranteed to him by the 6th and 14th amendment of U.S. Constitution…” the lawsuit said.
    Gabaldon’s attorneys are looking to get his case dismissed under a motion filed this week, claiming the DA’s office showed vindictive actions against their client. They’ve also been critical of prosecutors’ handling of the case pointing out that seven different attorneys had overseen the case over an eight-month period.

    Last week, the DA’s office had sought more time to review the case after prosecutor Curtis Cox admitted to the 210th court that he had not entirely reviewed the case weeks before the scheduled jury trial. Cox said the DA’s office had not received back results from forensics tests or located witnesses for the trial.

    He also offered to allow Gabaldon out of jail on a personal recognizance bond while he continued to review the case.

    When Gabaldon’s attorneys objected to giving the DA’s office more time and Judge Alyssa Perez denied the request, Cox announced he would seek the capital murder charge and signaled he would pursue the death penalty for Gabaldon.

    “All of these circumstances, when considered together, prove the ‘realistic likelihood’ that the state of Texas punished (Gabaldon’s) request to go to trial when the state was not ready.”

    https://www.ktsm.com/local/el-paso-d...r-suspect-say/
    "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. #5
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    El Paso judge dismisses capital murder case, cites concerns over prosecutors' actions

    By Aaron Martinez
    El Paso Times

    A state judge dismissed a capital murder case, stating that the El Paso County District Attorney’s Office attempted to use an “unjustifiable penalty” — the death penalty — against a defendant seeking his constitutional right to a speedy trial.

    Judge Alyssa Perez, who presides over the 210th District Court, on Tuesday granted a defense lawyers’ motion for dismissal for prosecutorial vindictiveness with prejudice.

    "It does not in many ways feel like justice because at the end of the day, we are dealing with circumstances and allegations that are very serious," Perez said. "There are families of victims that are not being well served when cases within the DA's office can just be disregarded. There are so many troubling things."

    Defense lawyers Denise Butterworth, Omar Carmona and Felix Valenzuela argued in their motion that prosecutors were seeking the death penalty because their client, Ivan Gabaldon, was exercising his constitutional right to a speedy trial as prosecutors attempted to delay the case because it had been mishandled.

    Gabaldon originally was arrested on suspicion of murder in connection with the Feb. 22 stabbing death of 63-year-old Juan Garcia Flores during an alleged sexual encounter for money in a building on Texas Avenue near Downtown El Paso.

    Perez agreed with defense lawyers.

    "I do feel that the defense has provided sufficient evidence that the re-indictment and the decision to seek the death penalty was an unjustifiable penalty resulting solely from Mr. Gabaldon exercising his right to go to trial," Perez said.

    El Paso County District Attorney’s Office officials did not immediately respond to a request for comment.

    Butterworth, after the hearing, called the actions of the district attorney’s office “repugnant” and an attempt to “manipulate the justice system.”

    "This case went from zero to a hundred because the bottom line is the state of Texas was not ready and when they were exposed for not being ready, in our opinion to buy more time, they threatened to re-indict and then seek the death penalty," Butterworth said. "They did it so callously in the middle of a hearing with what I can only assume is no policy or procedure behind how to make that decision. It was scary. It was scary that that kind of power was being abused and the law, thank God, allowed the judge to step in and stop it."

    She continued, "It was I believe an abuse of power and the ruling today from the judge, who watched this play out for weeks and months, made the right call and was able to stop basically a rogue prosecutor from deciding in the middle of a hearing that he's going to unilaterally seek the death penalty and then make good on it."

    The dismissal came after several weeks of contentious hearings between defense lawyers and state prosecutors with the El Paso County District Attorney’s Office.

    El Paso County District Attorney’s Office Senior Division Chief Curtis Cox admitted during a Nov. 16 hearing that prosecutors mishandled the case and no action had been taken on it for months.

    Defense lawyers Carmona and Butterworth stated that, unlike prosecutors, they were ready to go to trial Dec. 2.

    Cox, a high ranking member of El Paso District Attorney Yvonne Rosales' administration, then offered to release Gabaldon from jail on a personal recognizance bond, also known as a PR bond, while awaiting trial.

    A PR bond is when a defendant is released from jail without having to post bail as long as the defendant agrees to and abides by several conditions set by a judge.

    Gabaldon has been in jail since his arrest in February on a $1 million bond. He is expected to be released from jail Tuesday night, his lawyers said.

    State prosecutors then said - 72 hours later - during a Nov. 19 hearing that they were considering seeking the death penalty.

    The El Paso County District Attorney’s Office then re-indicted the case on a capital murder charge and officially filed a notice Nov. 22 stating they would seek the death penalty against Gabaldon.

    "What we saw was the third in command at the DA's office say that because he was unprepared and because he admitted to mishandling the case, he agreed to release our client from jail for free. He agreed to a PR bond," Carmona said. "Only to then move moments later and say, 'now I will consider the death penalty if that becomes necessary.' I mean, that's a threat. That's telling the judge because you didn't go my way, now you're going to leave me no choice, but to take this human being's life."

    He continued, "The words PR bond and death penalty don't coexist. They are on the two most opposite ends of the legal spectrum and criminal law. He did that to threaten our client and it was disgusting."

    Cox and state prosecutor Scott Ferguson argued during a Nov. 29 hearing that after evaluating the case, he believed the serious nature of the crime warranted the death penalty.

    The Dec. 2 trial date was delayed Nov. 29 after defense lawyers filed the motion for dismissal due to prosecutorial vindictiveness in order to give Perez time to rule on the motion.

    Perez granted the motion Tuesday, calling the actions of the El Paso County District Attorney’s Office “very concerning.”

    "I am very concerned and have been concerned for a while because of the lack of diligence that the state of Texas has in the manner in which they've been handling — you all have been handling these cases,” Perez said. “It is with no pleasure whatsoever that I am looking at this case and just feeling in my years as a prosecutor and being in this courthouse, I certainly did not expect to be in a position to see the state of Texas literally disregard some of the most serious cases to include this one."

    https://news.yahoo.com/el-paso-judge...005531903.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

  6. #6
    Senior Member CnCP Legend Mastro Titta's Avatar
    Join Date
    May 2018
    Location
    Prato, Italy
    Posts
    1,275
    This case was handled in an outrageous manner by El Paso DA office. To avoid this, the death penalty should become automatically an option in capital murder cases, in order to remove any discretion from DAs' hands.
    Last edited by Mastro Titta; 12-15-2021 at 03:22 AM.

  7. #7
    Senior Member CnCP Legend JLR's Avatar
    Join Date
    Mar 2011
    Posts
    2,740
    If you go on the facts alleged in the initial police report, a capital murder charge would be highly innappropiate let alone a decison to pursue the death penalty. The DA had no actual intention of pursuing either of those things. He just wanted to buy some more more time before the case went to trial because he wasn't ready. Judge made the right decision here.
    Last edited by JLR; 12-15-2021 at 08:40 AM.

  8. #8
    Member Member
    Join Date
    Oct 2015
    Location
    Rhode Island
    Posts
    59
    Are they able to bring new charges against him or did the judge make it so they can't?

  9. #9
    Senior Member CnCP Legend Mastro Titta's Avatar
    Join Date
    May 2018
    Location
    Prato, Italy
    Posts
    1,275
    I can't post the whole article because of regulations, but El Paso District Attorney Yvonne Rosales is appealing the dismissal with prejudice of capital murder charges in Ivan Gabaldon's case, and is defending the pursuit of the death penalty.

    https://kfoxtv.com/news/local/el-pas...n-case-dropped

  10. #10
    Senior Member CnCP Legend Mastro Titta's Avatar
    Join Date
    May 2018
    Location
    Prato, Italy
    Posts
    1,275
    The State of Texas' petition of discretionary review of the the trial court actions in Ivan Gabaldon's case has been GRANTED by the TCCA.

    https://search.txcourts.gov/Case.asp...-23&coa=coscca
    Last edited by Mastro Titta; 06-14-2023 at 09:27 AM.

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •