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Thread: Arturo Aguilar Vega Takes Plea Avoids Death Penalty in 2011 TX Slaying of 2-year-old Brandon Herrera

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    Arturo Aguilar Vega Takes Plea Avoids Death Penalty in 2011 TX Slaying of 2-year-old Brandon Herrera


    Brandon Alexander Herrera, 2






    Capital murder trial postponed

    It will be early next year before a trial is conducted for one of two Campbell residents charged with capital murder in connection with the 2011 death of a 2-year-old child.

    The Hunt County District Attorney’s Office is seeking the death penalty for Gabriela Ortiz and Arturo Aguilar Vega Jr., should they be convicted of capital murder involving the death of Brandon Herrera.

    Both defendants have pleaded not guilty.

    Jury selection in Ortiz’s trial had been scheduled early next month in the 354th District Court. But the case was reset this week, with jury selection now scheduled to begin on Jan. 6, 2014.

    Vega’s trial is also scheduled for January.

    Ortiz and Vega remain in custody at the Hunt County Jail, each in lieu of $2 million bond.

    Documents released in the case show both Ortiz and Vega admitting to having caused injuries to Herrera prior to his July 18, 2011 death.

    http://ketr.org/post/capital-murder-trial-postponed
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    Capital murder trial postponed

    It will be early next year before a trial is conducted for one of two Campbell residents charged with capital murder in connection with the 2011 death of a 2-year-old child.

    The Hunt County District Attorney’s Office is seeking the death penalty for Gabriela Ortiz and Arturo Aguilar Vega Jr., should they be convicted of capital murder involving the death of Brandon Herrera.

    Both defendants have pleaded not guilty.

    Jury selection in Ortiz’s trial had been scheduled early next month in the 354th District Court. But the case was reset this week, with jury selection now scheduled to begin on Jan. 6, 2014.

    Vega’s trial is also scheduled for January.

    Ortiz and Vega remain in custody at the Hunt County Jail, each in lieu of $2 million bond.

    Documents released in the case show both Ortiz and Vega admitting to having caused injuries to Herrera prior to his July 18, 2011 death.

    http://ketr.org/post/capital-murder-trial-postponed
    An uninformed opponent is a dangerous opponent.

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    March 23, 2014

    Death penalty capital murder trial rescheduled

    By BRAD KELLAR
    The Herald-Banner

    GREENVILLE — A continuance has been granted in the case of a Campbell man, charged with capital murder involving the 2011 death of a 2 year-old child.

    The defense attorney for Arturo Daniel Vega is also asking the judge to set aside the possibility of a death penalty in the case, claiming evidence allegedly lost by investigators would have proven Brandon Herrera died of natural causes, rather than homicide.

    Vega’s trial had been scheduled to begin next month. During a hearing in the 354th District Court last week, Judge Richard A. Beacom agreed to reset the trial for a later date. The trial was not immediately rescheduled, but a pretrial hearing was set for August 20.

    The Hunt County District Attorney’s Office is seeking the death penalty for Vega and for Gabriela Ortiz, should they be convicted of capital murder involving Herrera’s death.

    Both defendants have pleaded not guilty. Ortiz and Vega remain in custody at the Hunt County Jail, each in lieu of $2 million bond. Ortiz does not have a trial date set.

    Documents released in the case show both Ortiz and Vega admitting to having caused injuries to Herrera prior to his July 18, 2011 death.

    The indictments issued by the Hunt County grand jury allege Herrera died as the result of either blunt force trauma, choking/strangling or smothering.

    However, defense counsel Dennis Davis had requested extra time to prepare for the case, as on March 12 the district attorney’s office sought to amend the indictment, to add four more potential causes of death; including chronic blunt force trauma, dehydration, malnutrition and/or arrhythmia. Davis argued he would be unable to complete all of the work necessary to mount a defense to the amended indictment before the scheduled start of jury selection on April 23.

    Beacom agreed and approved the continuance.

    Davis had also filed a second motion, seeking to set aside the death penalty or to have the court instruct the jury in the case that evidence which could have proven favorable to the defense — known as exculpatory evidence — had been destroyed.

    In the motion, Davis claimed that video interviews by Hunt County Sheriff’s Office investigators of Herrera’s mother and other family members, conducted in October 2013, make reference to two and-one-half months of earlier videos in the case having been lost, including the original interviews of the family members, made shortly after Herrera’s death.

    “The destroyed evidence included footage of five separate interviews conducted on July 26, 2001,” Davis said. “The notes leave no doubt the destroyed video footage — which was recorded live nine days after the decedent’s death — contained exculpatory evidence.”

    Davis said the initial interviews with family members helped prove the defense’s claim that Herrera died of a disease.

    “The defense’s working theory is that Brandon Herrera did not die from blunt force trauma, as the State alleges, but from septic shock caused by a staph infection,” Davis said. “According to the notes disclosed by the State on Dec. 17, 2013, the destroyed video footage contained just such evidence.”

    Beacom did not immediately rule on Davis’ motion.

    http://www.heraldbanner.com/topnews/...al-rescheduled

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    New indictment issued on child murder case

    By Brad Kellar

    New indictments have been issued in the case of a Campbell couple, charged with capital murder involving the 2011 death of a 2 year-old child.

    The new charges against Arturo Daniel Vega and Gabriela Ortiz were released sealed March 28 by the Hunt County grand jury and include several more potential causes of death for Brandon Herrera.

    Last month Vega’s defense attorney had asked the judge in the case to set aside the possibility of a death penalty for a conviction on the charge, claiming evidence allegedly lost by investigators would have proven Herrera died of natural causes, rather than homicide.

    Vega and Ortiz have pleaded not guilty. They both remain in custody in the Hunt County Jail, each in lieu of $2 million bond.

    Vega’s trial had been scheduled to begin this month, although Judge Richard A. Beacom had agreed to reset the case. The trial was not immediately rescheduled, but a pretrial hearing was set for August 20.

    The Hunt County District Attorney’s Office is seeking the death penalty for Vega and for Gabriela Ortiz, should they be convicted of capital murder involving Herrera’s death in July 2011.

    Documents released in the case show both Ortiz and Vega admitting to having caused injuries to Herrera prior to his July 18, 2011 death.

    The original indictments filed against the pair alleged Herrera died as the result of either blunt force trauma, choking/strangling or smothering.

    Defense counsel Dennis Davis had requested extra time to prepare for the case, as on March 12 the district attorney’s office sought to amend the indictment, to add four more potential causes of death; including chronic blunt force trauma, dehydration, malnutrition and/or arrhythmia. Davis argued he would be unable to complete all of the work necessary to mount a defense to the amended indictment before the scheduled start of jury selection on April 23.

    Beacom agreed and approved the continuance.

    The new indictments include eight potential causes of Herrera’s death; blunt force trauma, chronic blunt force trauma, choking/strangling, smothering, causing the victim to be dehydrated, causing Herrera to suffer malnutrition, suffocation and/or arrhythmia.

    Davis had also filed a second motion, seeking to set aside the death penalty or to have the court instruct the jury in the case that evidence which could have proven favorable to the defense — known as exculpatory evidence — had been destroyed.

    In the motion, Davis claimed that video interviews by Hunt County Sheriff’s Office investigators of Herrera’s mother and other family members, conducted in October 2013, make reference to two and-one-half months of earlier videos in the case having been lost, including the original interviews of the family members, made shortly after Herrera’s death.

    “The destroyed evidence included footage of five separate interviews conducted on July 26, 2001,” Davis said. “The notes leave no doubt the destroyed video footage — which was recorded live nine days after the decedent’s death — contained exculpatory evidence.”

    Davis said the initial interviews with family members helped prove the defense’s claim that Herrera died of a disease.

    “The defense’s working theory is that Brandon Herrera did not die from blunt force trauma, as the State alleges, but from septic shock caused by a staph infection,” Davis said. “According to the notes disclosed by the State on Dec. 17, 2013, the destroyed video footage contained just such evidence.”

    Beacom had not ruled on Davis’ motion as of Wednesday.

    http://ketr.org/post/new-indictment-...ld-murder-case

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    Attorney seeks delay in start of murder trial

    The attorney for Arturo Aguilar Vega is seeking a delay in the scheduled start of the defendant’s capital murder trial later this month.

    Vega has pleaded not guilty in connection with the 2011 death of 2-year-old Brandon Herrera in Campbell.

    Defense counsel Dennis Davis is seeking a continuance in the case until after a hearing can be held over whether Herrera’s autopsy report can be admitted into evidence.

    A status hearing regarding the case against Vega is scheduled Friday in the 354th District Court. Jury selection in Vega’s trial is set to begin August 20.

    New indictments against Vega and Gabriela Ortiz were released March 28 and include multiple potential causes of death for Brandon Herrera.

    Vega and Ortiz both remain in custody in the Hunt County Jail, each in lieu of $2 million bond.

    The Hunt County District Attorney’s Office is seeking the death penalty for Vega and for Ortiz, should they be convicted of capital murder involving Herrera’s death in July 2011.

    Davis filed a motion with the court July 29, seeking a continuance in the trial, until after a hearing can be undertaken to decide whether to exclude the testimony and autopsy report of Medical Examiner Jodi McClain. Davis said he would be unable to proceed with the hearing until December.

    “Mr. Aguilar Vega’s constitutional rights will be imperiled if he is forced to begin trial without knowing the extent the State will be allowed to present to the jury the grossly inadequate work of Dr. McClain and, subsequently, under which of the seven alleged causes of death the State will be able to proceed,” Davis said in the motion.

    The original indictments filed against the pair claimed Herrera died as the result of either blunt force trauma, choking/strangling or smothering.

    The new indictments include additional potential causes of Herrera’s death, including blunt force trauma, chronic blunt force trauma, choking/strangling, smothering, causing the victim to be dehydrated, causing Herrera to suffer malnutrition, suffocation and/or arrhythmia.

    Ortiz does not currently have a trial date set in the case.

    - See more at: http://www.heraldbanner.com/topnews/....OfUHfBnk.dpuf
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    Toddler death case: Jury selection this week

    Jury selection is scheduled this week in a potential death penalty capital murder case, involving the 2011 death of a 2-year-old child.

    A final pretrial hearing in the case against Arturo Aguilar Vega is scheduled Monday morning in the 354th District Court.

    A general jury pool setting is scheduled Wednesday and individual juror interviews is set to begin on October 13.

    A trial date will be announced once a jury is chosen in the case.

    Vega has pleaded not guilty in the death of Brandon Herrera and is the 1st of 2 defendants charged in the case to face trial.

    New indictments against Vega and Gabriela Ortiz were released March 28 and include several more potential causes of Herrera's death in July 2011.

    Vega and Ortiz both remain in custody in the Hunt County Jail, each in lieu of $2 million bond.

    The Hunt County District Attorney's Office is seeking the death penalty for Vega and for Ortiz, should they be convicted of capital murder.

    The original indictments filed against the pair claimed Herrera died as the result of either blunt force trauma, choking/strangling or smothering.

    The new indictments include additional potential causes of Herrera's death, including blunt force trauma, chronic blunt force trauma, choking/strangling, smothering, causing the victim to be dehydrated, causing Herrera to suffer malnutrition, suffocation and/or arrhythmia.

    Ortiz does not currently have a trial date set in the case.

    (source: KETR news)
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Guilty plea in capital murder case

    Arturo Aguilar Vega pleaded guilty Monday to one count of capital murder involving the 2011 death of a 2-year-old child.

    Vega entered the plea during a final pretrial hearing Monday, scheduled ahead of jury selection which was to start Wednesday in the 354th District Court.

    Following the guilty plea, Vega was automatically sentenced to life in prison without the possibility of parole.

    Vega had previously pleaded not guilty in the death of Brandon Herrera and was the first of two defendants charged in the case to face trial.

    New indictments against Vega and Gabriela Ortiz were released March 28 and include several more potential causes of Herrera’s death in July 2011.

    Vega and Ortiz both remain in custody in the Hunt County Jail, each in lieu of $2 million bond.

    The Hunt County District Attorney’s Office was seeking the death penalty for Vega and for Ortiz, should they be convicted of capital murder.

    The original indictments filed against the pair claimed Herrera died as the result of either blunt force trauma, choking/strangling or smothering.

    The new indictments include additional potential causes of Herrera’s death, including blunt force trauma, chronic blunt force trauma, choking/strangling, smothering, causing the victim to be dehydrated, causing Herrera to suffer malnutrition, suffocation and/or arrhythmia.

    Read more here.. http://www.heraldbanner.com/news/art...fe4ec0f60.html
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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