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Thread: Isidro Miguel Delacruz - Texas Death Row

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    Isidro Miguel Delacruz - Texas Death Row


    Naiya Bermea, 5


    Isidro Delacruz after being arrested for the murder of Naiya Bermea


    Isidro Delacruz at the Tom Green County Courthouse for his death penalty trial


    Isidro Delacruz leaving the Tom Green County Courthouse after being convicted of capital murder


    Isidro Delacruz


    Man faces murder charge

    A San Angelo man accused of killing a 5-year-old girl was indicted on a capital murder charge.

    Isidro Delacruz, 24, is accused of cutting the throat of Naiya Bermea, 5, on Sept. 2 at her home in the 2700 block of Houston Street. He remains in Tom Green County Jail on $1 million bail.

    A capital murder charge is punishable by death or life in prison.

    Delacruz was indicted on charge of a capital murder, child under 10 years old, according to court documents released Wednesday.

    District Attorney Allison Palmer will seek the death penalty. She filed a motion of her intention to seek that penalty with the court last week.

    A victims coordinator with the district attorney’s office said Bermea’s family did not wish to comment.

    Lubbock attorney Jack Stoffregen and San Angelo attorney Frank Brown are Delacruz’s attorneys, court administrators said. A pretrial hearing is scheduled Dec. 19 in 119th District Judge Ben Woodward’s courtroom.

    Police said that on the day of Naiya’s death, Delacruz forced his way into Tanya Bermea’s house through a bathroom window. Bermea fled to get help and returned with her mother, Jesusita Bermea, 62, according to a complaint filed in the case. Naiya remained at the house when her mother left.

    When they arrived back at the house, Delacruz wouldn’t let them in, a complaint filed in the case states, so they left to get Delacruz’s mother, Elizabeth Delacruz. They wanted her help getting Delacruz out of the house.

    When the three returned to the home, Bermea saw her daughter with a slit throat and Delacruz covering the wound with paper towels, the complaint states.

    Elizabeth Delacruz could not be reached for comment Wednesday.

    In a September jail interview, Isidro Delacruz became emotional while talking about Naiya.

    “I did a lot for that little kid,” he said in a video interview from the jail. “I treated her like she was my own flesh and blood.”

    He declined to discuss what happened the day he was arrested. Delacruz dated Bermea about three years before they became estranged.

    In addition to Delacruz, Tom Green County grand jurors indicted at least 103 people on felony charges this month, according to the indictment list sent from the District Clerk’s Office on Wednesday.

    KIDNAPPING INDICTMENT

    A San Angelo man accused of kidnapping his ex-girlfriend and holding her against her will was indicted on aggravated kidnapping.

    Michelle Lenee Perez’s mother called San Angelo police in September when she wasn’t able to reach her daughter for several days, according to a complaint. She told police she was concerned for her safety because her daughter was “trying to get away from an abusive ex-boyfriend” named Jimmy Perez.

    On Sept. 22, officers found Michelle Perez at a home in the 700 block of Preusser Street, according to court documents. Alma Perez, who gave police consent to search the house, and Jimmy Perez were home at the time.

    Michelle Perez told officers she was afraid for her life and was threatened with a screwdriver while her ankles were bound. She said she was dragged around inside the house by Jimmy Perez.

    Police found photos of Michelle Perez on a phone collected at the house, according to court documents. When asked about the photos, Jimmy Perez, 33, told police Michelle Perez was wearing ankle weights and denied tying her up or threatening her. On the phone were texts in which Jimmy Perez spoke of tying up his ex-girlfriend, the complaint states, and “how he would wrap her up and ‘slit’ her neck.”

    Jimmy Perez faces 15 to 99 years in prison on the kidnapping charge because of a prior conviction. He was convicted of aggravated assault with serious bodily injury in 2007, according to an indictment.

    ASSAULT INDICTMENT

    A man who allegedly opened fire on two Ethicon employees was indicted on two counts of aggravated assault with a deadly weapon and unlawful possession of a firearm by a felon.

    Kenneth Wayne Acy Jr., 27, was booked into the Tom Green County Jail on Sept. 23 and is being held in lieu of $350,000 bail.

    San Angelo police, who were called to the 3300 block of Pulliam Street after a report of shots fired, said Acy was found hiding in vegetation in the area where they began their three-hour search for the shooter.

    Max Key and Jacob Sides, listed as the two employees in the court complaint, told police they were in a company-owned wooded area near Ethicon when they heard a gunshot, then saw a man holding a gun and walking toward them. They ducked behind the bed of a truck, placing the truck between them and the man, before the gunman fired several rounds in their direction, the complaint states. The two ran in the opposite directions while the man continued to fire rounds.

    In 2011, Acy was convicted of felony domestic assault, which enhanced the second-degree assault charges to first-degree charges, punishable by five to 99 years in prison. Unlawful possession of a firearm by a felon is a third-degree felony, punishable by two to 10 years in prison. Each felony also carries a possible $10,000 fine.

    http://www.gosanangelo.com/news/loca...ments_48078293

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    Capital murder trial date set for man accused of killing 5-year-old

    San Angelo, TX - A jury trial for Isidro Miguel Delacruz, a man accused of killing his ex-girlfriend's 5-year-old daughter, is slated for January 2016.

    At a Feb. 2 hearing 51st District First Assistant District Attorney John Best met with defense attorneys to discuss scheduling.

    Delacruz's attorneys reiterated that they would not be ready until February or March 2016, according to court notes. The DA's office was prepared to begin the case this fall.

    One of the attorneys announced that he had a capital murder trial scheduled in Midland starting September 2015, according to the online notes.

    Allison Palmer, 51st district attorney, will present the case at trial. She is seeking the death penalty in the case.

    Delacruz, 24, is accused of cutting the throat of Naiya Bermea on Sept. 2 at her home in the 2700 block of Houston Street.

    He was booked into, and remains in, the Tom Green County Jail on $1 million bail.

    Lubbock attorney Jack Stoffregen is listed as lead counsel for Delacruz. Ben Woodward, 119th District judge, will preside over the case.

    Police said that on the day of Naiya's death, Delacruz forced his way into his ex-girlfriend Tanya Bermea's house through a bathroom window. Bermea fled to get help and returned with her mother, Jesusita Bermea, 62, according to a complaint filed in the case. Naiya remained at the house when her mother left.

    When they arrived back at the house, Delacruz wouldn't let them in, police said, so they left to get Delacruz's mother, Elizabeth Delacruz to help them get Delacruz out of the house.

    When the three returned, Bermea saw her daughter with a slit throat and Delacruz covering the wound with paper towels, the complaint states.

    http://www.gosanangelo.com/news/loca...ing-5-year-old

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    Defense Attorneys Work on Accused Child Murderer's Public Appearance

    The public appearance of accused child murderer Isidro Delacruz was discussed in Judge Ben Woodward’s court on Monday, when defense attorney Jack Stoffregen filed several motions including two addressing security and the appearance of guilt for his client. Delacruz, 24, is facing the possibility of the death penalty for the Sept. 2 murder of 5-year-old Naiya Villegas. He is accused of breaking into his ex-girlfriend’s house and slitting her daughter’s throat. With his life dependant upon a jury of his peers, Delacruz’s attorneys are now seeking to amend his public appearance by filing a motion requesting the judge to order that he is no longer to be transported in public spaces wearing shackles. Noting heavy media coverage of the incident and pretrial hearings to date, including photos publicized that depict the defendant in chains, Delacruz’s counselor spoke of the appearance of guilt evoked when one sees a man in shackles, and asked the judge to order alternative security measures. A shock belt was one substitute mentioned, however Judge Woodward held off on making a ruling on Monday, preferring to first speak about alternatives with the sheriff’s office. A second motion from the defense was filed against “prejudicial security”, in which defense attorneys asked the judge to limit the number of bailiffs and security officers surrounding his client in the courtroom. The reasoning, he explained, was the same as with the shackles: so as to not provide an impression of guilt by means of security. Prosecuting 119th District Attorney Allison Palmer said the court will have to weigh out security versus public appearance in making the ruling, and noted the number of officers surrounding Daniel Uvalle at a capital murder trial held two weeks ago. “Our only dog in this particular fight is one of security….” Palmer said. After some consideration, Woodward ruled in favor of the motion, but asked that the defense notify the court should the security reach the tipping point. Other items discussed on Monday included a six-page inventory of evidentiary items that need to be tested for biological material at the DPS Crime Lab in Lubbock. Attorneys for the state and defense had previously discussed establishing a deadline to submit the materials for testing in December so as to not slow progress toward a trial date, and on Monday both declared themselves in agreement that the list had been compiled. In total, the defense filed 54 motions on Monday, the vast majority of which centered on setting a discovery deadline for the state, or a date by which the state’s evidence, witness lists, extraneous offenses, criminal history and other such materials must be collected and made available to defense counsel. Among the items the defense is seeking access to are any and all statements made by Delacruz, witnesses or others indicating there was a conspiracy at play in the incident; handwritten or typed notes made by officers investigating or assisting at the scene; photos, drawings and diagrams of the scene and autopsy made by law enforcement; and psychological reports on law enforcement officers. The defense sought an advance of 60 days before the start of the trial to receive the items, a deadline that was modified to Nov. 3, at 9 a.m. with the permission to supplement until 10 days before trial begin. Delacruz’s trial is scheduled for Jan. 25, 2016 and is anticipated to last six to eight weeks.

    http://sanangelolive.com/news/crime/...lic-appearance
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    Accused Child Murderer's Trial Hinges on Investigation

    The death penalty trial of Isidro Delacruz will likely be pushed back closer to the two-year anniversary of his alleged victim’s murder, as the defense team announced on Friday that their investigation is severely lagging.

    A motion for continuance was filed by Lubbock defense attorney Robert Cowie on Oct. 7; that motion and two others were discussed before 119th District Judge Ben Woodward on Friday afternoon. Calling 29-year-old Mitigation Specialist Seth Starkey to the stand, Cowie made his case for a September 2016 trial start. Starkey, a former journalist who is now investigating Delacruz’s background to find witnesses, evidence and information that may be used during the punishment phase to dissuade a jury from seeking death, estimated that less than a third of the 300 interviews he needs to do for the case have been completed. Starkey was assigned two days after the murder on Sept. 4, 2014, and estimated that he has put in approximately 1,000 hours of work on the case over the past year, but still needs to locate and interview nearly 200 witnesses and obtain records to provide a setting for Delacruz’s historical story. That information, he testified, would most likely provide significant information needed at trial. After Cowie had elicited his responses, 51st District Attorney Allison Palmer tore Starkey apart. In response to her rapid-fire questions, Starkey struggled to estimate what percentage of his work is dedicating to record cultivation and interviewing, and was hesitant to relay what form of records he was attempting to obtain. He admitted that in many instances no subpoenas had been served and offered that he had made several diligent attempts to reach interviewees on multiple occasions, to no avail. The information, he said, was relevant to illustrate the life and background of Delacruz, but could not say whether any of those items would be directly admissible as evidence in the punishment phase.

    “So you’ve made a relevancy [determination]?” Palmer shot at him, then proceeded to say that was a task better suited for a judge. “Isn’t it true that all the remaining information…is anecdotal…” she pressed, questioning whether he hoped to find any evidence vital to the trial. He maintained the importance of his work. When Palmer had finished, Cowie noted before Judge Woodward that no final DNA analysis results had been returned from the DPS, while Palmer added that there has been a new calculation used in the analysis of samples containing DNA from multiple sources, as many of those in the Delacruz case are. Palmer said she did not agree with many of the reasons Cowie wanted to push back the trial, but said that due to the issue with the evidence, she couldn’t advise against it. Judge Ben Woodward said he would need to contemplate the matter further and did not make a determination on Friday. The defense is seeking to hold the trial in September 2016; the state hopes to hold it sooner. In the meantime, the defense has been asked to prepare a list of some 37-38 previously named individuals for whom they are seeking extensive background records to show their relationship to Delacruz so that the judge may assess relevancy. Palmer noted that in some of those cases, Cowie is looking for things like CPS records dating back to the ‘60s, and given the sheer number, could be questionable. “It would be our position that there be some sort of threshold showing the relevance,” Palmer said. The judge agreed.

    Records for Delacruz, the victim, 5-year-old Naiya Villegas, and her mother, Tonya Bermea, have already been obtained. The defense is also seeking personnel files on the Tom Green County Sheriff’s Office and San Angelo Police Department personnel involved in the response and investigation of the little girl’s murder.

    http://sanangelolive.com/news/crime/...-investigation

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    Jury selection date set in capital murder case

    The case of a man charged with capital murder in the death of a five-year-old child has been scheduled for jury selection almost exactly two years after the girl's death.

    Isidro Miguel Delacruz, 26, of San Angelo went before 119th District Judge Ben Woodward for a hearing Monday, his ninth appearance at the Tom Green County courthouse since December 2014.

    Two more pretrial hearings are scheduled on August 2 and 22 before jury selection on August 29. No trial date has been set.

    State prosecutors and the defense counsel both asked the court for time to acquire personal files of Delacruz's family from Child Protective Services and to analyze records recently released by the Texas Department of Public Safety, which might be used as evidence or to prepare for trial.

    Delacruz is accused of cutting the throat of Naiya Bermea on Sept. 2, 2014, at her home in the 2700 block Houston Street.

    51st District Attorney Allison Palmer intends to seek the death penalty. Delacruz's attorney is Robert Cowie.

    Delacruz has been in jail since September 2014.

    http://www.gosanangelo.com/news/loca...386369071.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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    August 3, 2016

    San Angelo Man Accused of Cutting Child's Throat Appears in Court

    SAN ANGELO, Texas (KSAN/KLST) - A man charged with capital murder appeared in court, Tuesday, for another pre-trial hearing.

    Isidro Delacruz, 25, is accused of killing a 5-year-old San Angelo girl by cutting her throat in September 2014.

    At Tuesday's hearing his attorneys announced that they had filed some new motions in the case and the judge set an additional hearing for next week where he will hear arguments for those motions and previous motions.

    Some of the previous motions are the defense asking that the death penalty be removed as an option for this case. Again, those motions will be heard next week by Judge Ben Woodward.

    http://www.bigcountryhomepage.com/ne...pears-in-court

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    Trial in limbo for Delacruz in child's death

    By Ngan Ho
    The San Angelo Standard-Times

    A definitive trial schedule in the case of capital-murder suspect Isidro Miguel Delacruz is in limbo since a district judge granted the defense's request for a continuance in the proceedings.

    119th District Judge Ben Woodward granted the motion after hearing evidence at a pretrial hearing last week.

    Delacruz, 26, who stands accused of killing his ex-girlfriend’s 5-year-old daughter on Sept. 2, 2014., was expected to stand trial in January.

    A new trial schedule in Delacruz's case will be reestablished. He is slated to appear for another criminal pretrial hearing on Jan. 4.

    Regional Public Defender Robert R. Cowie had submitted a motion requesting more time to prepare for trial.

    Delacruz has had more than a dozen court appearances since this arrest they day of the murder.

    Delacruz is first among several capital defendants predicted to stand trial in Tom Green County for 2017.

    Another capital murder suspect, Fernando Lavaris Jr., 30, involved in an August 2015 shooting death of a 69-year-old San Angelo man could see trial first instead of Delacruz.

    51st District Attorney Allison Palmer said she is hopeful that perhaps the State could try Lavaris's case in place of Delacruz.

    "We can adjust," said Palmer. "Every capital crime in the office, we're working on all the time. It's a gear shift but we're still working on the prosecution of the murderers."

    Lavaris is slated for a pretrial hearing on February 1.

    Palmer said despite the continuance there is a possibility that either case could be tried first contingent of the judges ruling during pretrial hearings.

    Prosecutors are seeking the death penalty in both cases.

    Lavaris and three other suspects —Eliza Victoria Losoya, 29, Jonathan Jesse Marin, 27 and Eric John Martinez, 26 — were indicted in late November by a grand jury on charges of capital murder by terror threat and other felony in the shooting death of Valdez.

    Lavaris is expected to stand trial first among the codefendants.

    All four defendants have been held in the Tom Green County Jail in lieu of more than $500,000 bail each since their arrest last year.

    Court documents say a botched robbery attemp lead to a home invasion at a residence in the 500 block of Sellers Street about 4:05 a.m. Aug. 31, 2015 that resulted in the shooting and subsequent death of Valdez.

    http://www.gosanangelo.com/story/new...eath/95721784/

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    New trial schedule set in Isidro Delacruz capital murder case

    A new trial schedule has been established in the case of capital murder suspect Isidro Miguel Delacruz, 26, who is accused of killing his ex-girlfriend's 5-year-old daughter on Sept. 2, 2014.

    Delacruz appeared before 119th District Judge Ben Woodward on Wednesday for a criminal pretrial hearing regarding scheduling.

    The new trial is slated to begin July 31, with three pretrial dates set in the months leading up to jury examination.

    Delacruz's case recently was in limbo after Woodward granted a request for a continuance in the proceedings.

    Regional Public Defender Robert R. Cowie had submitted a motion requesting more time to prepare for trial.

    Delacruz previously had been expected to stand trial in this month. He has had more than a dozen court appearances since his arrest they day of the homicide.

    http://www.gosanangelo.com/story/new...case/96152610/

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    Capital murder trial nears for suspect in girl's death

    By Ngan Ho
    The San Angelo Standard-Times

    SAN ANGELO — Trial is weeks away in the case of capital murder suspect Isidro Miguel Delacruz, 26, who is accused of killing his ex-girlfriend's 5-year-old daughter on Sept. 2, 2014.

    Delacruz is scheduled to appear for a pretrial hearing at 2 p.m. Wednesday, before 119th District Court Judge Ben Woodward.

    He is slated for another pretrial hearing July 10, before his trial begins on July 31.

    Delacruz had been expected to stand trial earlier this year. That was delayed in January after Woodward granted a motion from the defense requesting more time to prepare for trial.

    Delacruz has made more than a dozen court appearances since his arrest the day of the girl's death.

    He has been in custody at the Tom Green County Jail in lieu of $1 million bail since.

    Prosecutors are seeking the death penalty for Delacruz, who allegedly used a knife to cut the throat of Tanya Bermea’s daughter, Naiya Villegas. A jury could also choose punishment of life in prison if Delacruz is found guilty.

    Delacruz was arrested at his ex-girlfriend’s home in the 2700 block of Houston Street following a domestic violence call about 2:30 a.m. Sept. 2, 2014, according to police.

    According to the arrest affidavit, Delacruz forced his way into Tanya Bermea's house through a bathroom window at the rear of the home the day of Naiya’s death.

    Bermea told police she ran from the house and called for her mother, Jesusita Bermea, while Naiya remained at home, according to the affidavit.

    When the two women arrived at the residence Delacruz wouldn’t let them inside, so they left to get Delacruz’s mother, Elizabeth Delacruz, to help them get Delacruz out of the house.

    When the three women returned, Tanya Bermea said she saw her daughter with a slit throat and Delacruz covering the wound with paper towels, according to court documents.

    Tanya Bermea told police that when she walked into the home, Delacruz punched her several times, pushed her outside onto the sidewalk and began to choke her, according to court documents.

    Police found blood throughout the house and outside the home — in the bathroom, living room and kitchen; on a walkway leading from the front door of the residence to the street; and on the bedding in Tanya Bermea’s bedroom leading to Naiya’s room.

    Police searched the area and found a knife, according to court documents, and indicated that Delacruz had a laceration on the back of his left upper arm.

    http://www.gosanangelo.com/story/new...l-5/102308946/
    "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. #10
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    Capital murder trial could be postponed

    By Ngan Ho
    The San Angelo Standard-Times

    A Tom Green County district judge could rule to postpone the trial of Isidro Miguel Delacruz, which was slated to begin Monday.

    Delacruz, 26, is set to stand trial on a charge of capital murder, accused in the killing of a 5-year-old girl. Prosecutors are seeking the death penalty.

    Court-appointed attorney Robert R. Cowie, of the Regional Public Defender for Capital Cases, submitted a request for continuance during a final pretrial hearing Thursday.

    Attorneys said the Tom Green County Jail recently turned over some requested materials — 30 hours of video and over 100 documents — that pertain to Delacruz's in-jail behavior since his arrest the day of the girl's slaying, Sept. 2, 2014.

    Cowie said the files were submitted late and brief examination of the data shows Delacruz has a pattern of following the rules in jail, according to his review.

    A jury is entitled to hear this evidence as it pertains to whether his client presents a danger in the future — which could spare Delacruz the death penalty, Cowie said. He added he cannot appropriately select potential jurors until he's certain which topics to present during trial.

    He said defense attorneys need time to thoroughly review the information, and the jail is expected to turn over more materials.

    51st District Attorney Allison Palmer adamantly opposed the continuance. Palmer said prosecutors are willing to omit using the jailhouse evidence against Delacruz in rebuttals if it would prevent delaying trial further. Palmer told Woodward prosecutors have arguments prepared to quash the request.

    119th District Judge Ben Woodward, who has presided over all proceedings, is scheduled to hear arguments from both sides and make a ruling during a hearing at 1:30 p.m. Friday.

    The 22-page motion for continuance — the fifth that Cowie has filed — outlines, among other things, a need for more time to investigate Texas Department of Public Safety records, Department of Family Protective Services records, TGC Sheriff Office personnel files and numerous witnesses.

    The motion requests a new trial date be set no sooner than October.

    Almost 400 residents have received summons to appear at the McNease Convention Center for jury duty on Monday morning.

    Monday's venue will be canceled if Woodward approves the continuance, and those summoned will be absolved from serving on the case.

    http://www.gosanangelo.com/story/new...ned/517045001/
    "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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