Monday, April 29, 2024

Trial set for man accused of killing 5-year-old boy; Defense asks for DA’s WhatsApp conversations


SAN ANTONIO – A man accused of killing a 5-year-old boy now has an ordeal date, however the case nonetheless has a number of unresolved problems.

Daniel Garcia is charged with the homicide of Domenic Aguilar-Acevedo, who was once allegedly killed in San Antonio again in July 2021.

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The kid’s frame was once discovered months later in a Colorado ravine.

Garcia’s trial is now scheduled for May 3. The subsequent listening to is scheduled Nov. 30.

Aguilar-Acevedo’s mom Nickolle Aguilar was once additionally charged within the case however with harm to a kid.

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Nickolle Aguilar is scheduled to visit trial first on this case, on Feb. 16, 2024.

If she and Garcia are discovered to blame they resist lifestyles in jail.

(Left) Daniel Garcia, 27, and Nickolle Christina Aguilar, 25, each face a prison rate of harm to a kid inflicting severe physically injury-death. (Palm Beach County/Miami-Dade County Sheriff’s Offices) ()

Issues with the case

Earlier this month, a listening to was once hung on Garcia’s case.

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Garcia’s lawyer Michael Gross mentioned that after he spoke with the primary protection lawyer at the case, Javier Oliva, he instructed him that District Attorney Joe Gonzales had a gathering in regards to the rate.

He mentioned Oliva instructed him that Gonzales mentioned he would have the homicide rate decreased.

In courtroom Tuesday, the brand new prosecutor at the case Oscar Salinas showed a gathering did happen however that not anything was once promised.

“When I spoke to Mr. Oliva, he told me that he has not spoken to Mr. Gross and that he also stated that Joe never did say anything about reducing the murder charge or promise anything like that, but that it was concerning the heading of the offense code,” Salinas mentioned.

Gross fired again at Salinas and mentioned he had notes from his assembly with Oliva.

I’ve got notes from a meeting where he said that he spoke to Joe Gonzales and Joe Gonzales said this is not a murder case, and so I’d like all information about that,” Gross mentioned. “I’d like to know if what opposing counsel just said is true, and I was lied to by a prior defense counsel.”

That wasn’t the one information that Gross asked.

He additionally instructed 226th District Court Judge Velia Meza he sought after the conversations Gonzales had along with his department chiefs in regards to the case at the messaging app WhatsApp.

Meza requested Gross to record a movement to request the ones conversations, which he mentioned he would.

The case itself additionally has different evidentiary problems, particularly referring to information from the detective at the case and the FBI brokers who assisted.

On Nov. 30, the case might be introduced again to peer if the ones problems may well be taken care of out and in addition to to have a bond listening to for Garcia.

Background

In 2021, San Antonio police gained information from the FBI {that a} grandmother claimed her five-year-old grandson, Domenic Patrick Aguilar-Acevedo had died at a northeast San Antonio lodge round July 25, data display.

The girl, in an interview with FBI brokers in Costa Rica, mentioned that she tracked her daughter down within the Central American nation and was once knowledgeable through Aguilar that Domenic had suffered an “unexplainable death,” the warrant states.

Instead of reporting the boy’s dying to government in San Antonio, Aguilar and Garcia drove to Colorado the following morning with the frame and camped in a public tenting house close to the Rocky Mountain State Park, data display.

The couple then buried Domenic’s frame in a far off location close to the campsite and fled through automobile to Mexico and sooner or later directly to Costa Rica.

Aguilar showed the main points her mom supplied to government in Costa Rica and mentioned that she and Garcia didn’t search scientific assist for her kid after he had turn out to be in poor health, data display.

An SAPD detective was once in a position to procure surveillance video from the lodge, a longer keep within the 6900 block of Interstate 35 North, that confirmed Garcia wearing what seemed to be a dull frame out of the room and down a stairway, in keeping with the warrant.

Read extra in regards to the alleged homicide.

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