Still Missing TX - Erika Gaytan, 29, concert at El Paso County Coliseum, 13 July 2019 *Guilty*

[cvaldez1975]

Heartbreaking! I'm an El Pasoan and when she first went missing, the media mentioned that the date lawyered up right away. What hurt her case was the charges she was facing because a lot of locals assumed that she went missing voluntarily.

to me i was like only 700 with that many charges?

 

[borndem]

i knew it RIP young lady and i hope her family is able to have her found and put to rest.

bbm
Yes, I knew it, too, like so many of us here. And now, a young boy has lost his mom, the only one who has been with him for all of his young life -- gone forever.
When nothing came of the Uber/Lyft "clue" given by her date, and knowing she had a young child waiting for her to come home, my heart sank. SMH.
It's been a long trip, and it's not over. Will they find her body? Maybe LE can dangle a trade: "give us the location of the body, and we'll give you free room & board & showers for the rest of your life and no DP." A helluva deal IMO compared to what sentence he allegedly gave her. No choice, just Bam! and she was gone.

 

[Dre]

An article that came out April 2020, her remains still undiscovered. Hopefully at some point in time he can admit where he put her so that her family can put her to rest.
Missing Texas mom who vanished after date was murdered, man charged - Gruntstuff

"Marquez’s telephone data confirmed he borrowed his brother’s sport utility automobile and a shovel from his sister the subsequent morning. A search of Marquez’s house turned up the shovel, sand-filled footwear and plastic restraints. Surveillance video confirmed the SUV headed towards a desert space, then returning an hour later, in keeping with the affidavit."

the rest of the article is worded horribly- I think it was directly translated. moo

 

[CastlesBurning]

Man suspected in murder of Erika Gaytan has bond reduced

 

[Dre]

Man suspected in murder of Erika Gaytan has bond reduced

Reduced from $1 million to $250,000. Why???
He has not posted bond, thank goodness.

 

[TruckersWife]

The mother of Erika Gaytan, the 29-year-old El Paso woman missing and believed dead for a year now, wants to re-launch the search for her daughter.

The mother, desperate for answers, is calling on volunteers to help with that search this upcoming Sunday morning.

"I would like to have hope. As a mother I have hope, but very little left. But when police tell me about the evidence they found, I don’t think she’s alive. But I would like to find her remains so I can give her a Christian burial,” said Guadalupe Gaytan.

Erika Gaytan’s mother says she frequently prays before a statue of the Virgin Mary, asking for help. That's because, she says, few people are helping her family find Erika's body.

Gaytan was last seen the evening of July 13, 2019 when she attended a concert at the El Paso County Coliseum with Ricardo Marquez, who was charged with Gaytan’s murder even though her body has never been found.

"Really its really frustrating and also very sad because it has been past a year and we don’t know what to do,” said Ucial Ronquiel, Erika's cousin.

Gaytan’s family is calling on volunteers to help search on Sunday for the 29-year old’s body.

They will gather at the Vista supermarket on Montana at 9 a.m., then proceed to the desert in east El Paso, to search.

Gaytan left behind a 7-year-old son, who’s grandmother says, continues asking questions she cannot answer. Primarily, where his mother is.

Gaytan’s mother feels Marquez can help answer that question. ABC-7 asked her what she would say to Marquez if she could talk to him.

"That he tell me where he left her. That he turnover her remains," said the tearful mother.



https://kvia.com/news/crime/2020/09/18/mother-of-erika-gaytan-plans-new-search-for-daughters-body-in-east-el-paso-desert/

 

[SunSun]

Ricardo Marquez, 28, remains held in the downtown jail as he awaits trial on Sept. 10 in the presumed death of Erika Andrea Gaytan, whose body has yet to be recovered.

Police and prosecutors believe Gaytan is deceased and was the victim of a murder.

Marquez’s phone records showed he borrowed his brother’s sport utility vehicle and a shovel from his sister the morning after the date. A search of his home turned up the shovel, sand-filled shoes and plastic restraints. Surveillance video showed the SUV headed toward a desert area, then returning an hour later, according to the affidavit.

Laboratory analysis of a rear floor mat revealed traces of blood determined to have come from Gaytan.


Man suspected of killing Erika Gaytan to stand trial Sept. 10

 

[cvaldez1975]

so if he returned after only an hour, she cant be far. even a shallow grave takes awhile to dig. was there phone pings in any direction?

 

[JerseyGirl]

Marquez Mistrial: Erika Gaytan Murder trial ends suddenly

 

[indicolite22]

Marquez Mistrial: Erika Gaytan Murder trial ends suddenly

What kind of jury issue would cause such an abrupt stop and immediate mistrial?

 

[wary]

What kind of jury issue would cause such an abrupt stop and immediate mistrial?

My first thought was that a jury member committed some serious misconduct—but I’m sure they had substitute jurors.

Covid exposure?

One juror proclaims: “no body, no crime,” in front of all the other jurors? But I’d think the defense wouldn’t have agreed so quickly to the mistrial.

All these are just wild guesses. I’m probably missing something really obvious. What if the whole jury group were discussing the case at their first lunch break? That’d be misconduct on the part of everyone.

Or, enough jury members discussing the case to outnumber the number of substitutes.

 

[JerseyGirl]

Issue with jury leads to Jury issue leads to mistral in Erika Gaytan murder trial

"An issue with the jury" led to the mistrial of the case involving Ricardo Marquez who is charged with killing Erika Gaytan, The lead prosecutor on the case said during a press conference on Friday.

A court document states the mistrial was declared because of "manifest necessity."

 

[indicolite22]

I tracked down the jury issue in question on SM - will try to find a MSM source.

 

[bykerladi]

In the meantime, I'll hypothesize

Legal Definition of manifest necessity


: a circumstance (as an incurable pleading defect, the unavailability of an essential witness, juror misconduct, or illness of counsel) which is of such an overwhelming and unforeseeable nature that the conduct of trial or reaching of a fair result is impossible and which necessitates the declaration of a mistrial


This article:
Lead prosecutor delivers brief statement after mistrial declared in Erika Gaytan murder trial - KVIA

Says the aunt was on the stand testifying. "Gaytan's aunt, Maria Elena Ruiz took the stand. Ruiz said Gaytan would never abandon her son. After not hearing from Gaytan, and going to the police, Ruiz was able to speak to Ricardo Marquez by phone. She told Marquez, "Tell me where you left her body.""

The "break" which led to the mistrial happened just after this. Perhaps the parties were expressly told not to allow this testimony? Sometimes testimony is disallowed as prejudicial. Or because it violates hearsay. Or other fun reasons under the law. If the prosecutor or defense was told to not elicit this testimony, and they did anyway, that could be grounds for a mistrial. The judge COULD instruct the jury to disregard, but sometimes that's not enough and appellate courts require a new hearing. So to save everyone time, maybe he declared a mistrial and warned the attorneys to not do it again.

OR.... sometimes during a criminal trial I've heard that law enforcement do background searches on the jurors to ensure they told the truth on their questionnaire and during voir dire. Sometimes things are discovered AFTER the trial starts that would cause a juror to be disqualified. Usually, though, that juror is just dismissed. That usually isn't enough to require a mistrial.

UNLESS.... what if that juror was instead somehow linked to the murder. And was telling other jurors what he/she/they knew or heard second hand. That would taint the jury and would require a mistrial.

 

[indicolite22]

UNLESS.... what if that juror was instead somehow linked to the murder. And was telling other jurors what he/she/they knew or heard second hand. That would taint the jury and would require a mistrial.

SBM, BBM. I think you're on the right track. The link doesn't have to be direct. If they were connected, that would likely make them prejudicial by default.

 

[JerseyGirl]

Second trial for man accused of murdering Erika Gaytan underway

The second trial for the man accused in the murder of Erika Gaytan began in El Paso on Tuesday, according to our news partner KINT. Police allege Gaytan went missing after a date she and Ricardo Marquez went on in 2019. Police believe Gaytan's body was hidden somewhere in the Red Sands area...

kfoxtv.com

 

[JerseyGirl]

Erika Gaytan's murder suspect trial postponed due to possible COVID-19 concern

The trial for Ricardo Marquez, the man accused of murdering Erika Gaytan has been postponed due to a possible COVID-19 concern. The trial is postponed until June 21. Officials with the El Paso County District Attorney said no charges have been dropped and there is no consideration of dropping...

kfoxtv.com

 

[bykerladi]

I can't believe the court's are still dealing with COVID

 

[cvaldez1975]

I can't believe the court's are still dealing with COVID

eh, i can. i successfully avoided it for over 2 years and finally caught it 2 weeks ago and it was awful. it spreads like wildfire in jails.

 

[JerseyGirl]

Jury declares Ricardo Marquez guilty of killing Erika Gaytan

Ricardo Marquez was found guilty by the El Paso jury. Marquez was convicted with the murder of Erika Gaytan.

kfoxtv.com