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Thread: Gabriela Ortiz Sentenced to 42 Years in Prison for 2011 TX Slaying of 2-year-old Brandon Herrera

  1. #1
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    Gabriela Ortiz Sentenced to 42 Years in Prison for 2011 TX Slaying of 2-year-old Brandon Herrera


    Brandon Herrera






    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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    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/...ial-reschedule

  3. #3
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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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    Death penalty waived in Ortiz capital murder case

    Prosecutors have announced they are no longer seeking a death sentence for a Campbell woman, should she be convicted of capital murder involving the death of a 2-year-old boy.

    Following a pretrial hearing in the case Friday afternooon, Hunt County District Attorney Noble D. Walker Jr. said his office was waiving the death penalty in the case of Gabriela Ortiz, charged with capital murder involving the July death of Brandon Herrera.

    "After consultation with Brandon's family, as well as appellate considerations and the recent plea of the co-actor to life without parole, the State is waiving the death penalty in this case."

    Ortiz has pleaded not guilty to each of three different capital murder indictments which have been filed in connection with Herrera's death of Brandon Herrera. The latest indictment includes three counts, including lesser charges of injury to a child. Ortiz is being held in the Hunt County Jail in lieu of a total of $1.12 million bond.

    Arturo Aguilar Vega pleaded guilty Oct. 6, 2014 to one count of capital murder and was automatically sentenced to life in prison without the possibility of parole

    http://www.heraldbanner.com/news/dea...e35bfee83.html
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    June 10, 2015

    Ortiz capital murder trial scheduled in September

    A Campbell woman will face trial this fall on a charge of capital murder in connection with the 2011 death of a 2-year-old child.

    The 354th District Court has scheduled jury selection for Gabriela Ortiz on September 28. Ortiz has pleaded not guilty to four separate indictments filed in the case, the latest of which includes more specific alleged causes for the death of Brandon Herrera than in previous charges, and also includes two lesser counts of injury to a child.

    The latest indictment again includes three counts, including lesser charges of injury to a child, involving the July 2011 death.

    Ortiz is being held in the Hunt County Jail in lieu of a total of $1.12 million bond.

    The Hunt County District Attorney’s Office has indicated it is not seeking the death penalty for Ortiz, should she be convicted of capital murder.

    Arturo Aguilar Vega pleaded guilty Oct. 6, 2014 to one count of capital murder and was automatically sentenced to life in prison without the possibility of parole.

    The capital murder count in the new indictment alleges Ortiz hit Herrera with a belt, buckle, sander, her hands, a stick or sticks and/or objects unknown to the grand jury, allowed him to become dehydrated and/or suffer from malnutrition.

    The indictment also includes one count each of injury to a child by an act and injury to a child by omission regarding the same allegations included under the capital murder count, and alleges Ortiz failed to provide adequate medical care for Herrera.

    http://www.heraldbanner.com/news/ort...2be453259.html

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    Defense begins in Ortiz injury to child trial

    The defense began presenting its case Friday in the sentencing trial of Gabriela Ortiz, who pleaded guilty to a charge of injury to a child in connection with the 2011 death of 2-year-old Brandon Herrera.

    During the morning session in the 354th District Court, a medical expert testified that many of the injuries found on Herrera’s body on the day he died were likely due to the child suffering from a long term staph infection, instead of physical abuse.

    Dr. Ralph Faville Jr. said several scratches, legions and other marks were connected to the result of “the organism that was infecting his entire body.”

    Testimony in the trial is scheduled to resume Monday morning.

    Once the prosecution and defense have both rested and closed, Judge Richard A. Beacom will determine the punishment.

    Ortiz faces a sentence of up to life in prison.

    Ortiz entered an open plea of guilty July 29 to the charge of injury to a child by omission, which alleged Ortiz “on or about July 15, 2011 caused serious bodily injury to Brandon Herrera” by not taking Herrera for medical treatment.

    Faville, a pediatrician specializing in infectious diseases in St. Paul, Minn., has been involved in the investigation of the case for about two years and said he had reviewed the medical records and autopsy report.

    Beacom indicated that Faville was to testify only as to the severity and causes of Herrera’s injuries and not concerning the cause of the child’s death.

    Faville said he believed Herrera had suffered from a staph infection, with some of the marks and scratches on his body having become infected.

    During the afternoon session, defense counsel Jack Paris attempted to introduce into he referred to as a complete timeline of Herrera’s health issues from birth until his death. Paris presented the document to the prosecution and suggested it be reviewed before being given to Beacom to enter into evidence.

    Assistant District Attorney Keli Aiken objected, noting there wouldn’t be enough time to go over the document during the afternoon.

    “It has their version of what happened, their version of what occurred,” Aiken said. “All this needs to be verified, maybe cross-examined.”

    Paris said the document was designed to make it easier for Beacom to follow the chain of events leading to Herrera’s death.

    “It is gathered from medical records already in evidence, from the investigation and from cell phone records,” Paris said. “We simply have put it in chronological order.”

    Beacom said he would give the prosecution until Monday morning to review the document, but did guarantee he would accept it as evidence.

    “Without a sponsoring witness, I am hesitant to allow it,” he said.

    The charge Ortiz is facing is a first degree felony, punishable by a maximum sentence of from five to 99 years to life in prison.

    Arturo Aguilar Vega pleaded guilty Oct. 6, 2014 to one count of capital murder in connection with Herrera’s death and was automatically sentenced to life in prison without the possibility of parole.

    http://www.heraldbanner.com/news/def...84687ba41.html
    An uninformed opponent is a dangerous opponent.

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

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    Ortiz sentenced to prison in injury to a child case

    Gabriela Ortiz was sentenced to prison today on a charge of injury to a child, in connection with the 2011 death of a 2-year-old boy.

    Ortiz pleaded guilty last month to a charge of injury to a child by omission in connection with Brandon Herrera’s July 2011 death.

    The prosecution and defense both rested and closed their cases in Ortiz's punishment trial this morning, and then 354th District Court Judge Richard A. Beacom sentenced Ortiz to 42 years in the Texas Department of Criminal Justice-Institutional Division. A formal sentencing hearing is scheduled in the court Wednesday.

    Ortiz was facing a sentence of of up to life in prison.

    Arturo Aguilar Vega Jr. pleaded guilty Oct. 6, 2014 to one count of capital murder in connection with Herrera’s death and was automatically sentenced to life in prison without the possibility of parole.

    http://www.heraldbanner.com/news/ort...5d6f36750.html

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