After DA’s murder case unravels, El Paso man now faces burglary charges in Las Cruces
UPDATE, Dec. 15: An El Paso man whose capital murder case was dismissed over prosecutorial “vindictiveness” may be transferred to Las Cruces to face burglary charges there. A source tells ABC-7 Ivan Gabaldon has waived his right to extradition. The Las Cruces district attorney says the burglary charges stem from crimes committed in February.
The capital-murder case against the 20-year-old was dismissed Tuesday. There was no word on when he would be released from the El Paso County Jail where he’s been held since his arrest in March.
UPDATE, Dec. 14: A judge on Tuesday dismissed the murder case against Ivan Gabaldon, the 20-year-old accused of killing a 63-year-old man back in February, citing "prosecutorial vindictiveness" from the El Paso District Attorney's Office.
"I am very concerned and have been for a while because of the lack of diligence that the State of Texas has... the manner in which they've -- you all have been handling these cases," said 210th District Court Judge Alyssa Perez.
Gabaldon was charged in the deadly stabbing of Juan Garcia Flores after the two men allegedly engaged in a paid sexual encounter. Gabaldon has maintained he killed Flores in self-defense.
The District Attorney's Office was seeking the death penalty for Gabaldon, after upgrading his murder charge to capital murder last month.
Gabaldon's attorneys sought to dismiss the case saying that the state opted to seek the death penalty as "retribution" after the prosecution's request for more time to prepare for trial was denied by Perez, who noted Gabaldon had a constitutional right to a speedy trial.
Perez agreed with the defense motion on Tuesday and said she was signing a full dismissal order in the case.
The DA's Office declined to comment on the judge's decision to drop the charges.
ORIGINAL REPORT, Nov. 29: EL PASO, Texas (KVIA) -- Defense attorneys for Ivan Gabaldon, the 20-year-old accused of murdering a 63-year-old man in February, have filed a motion to get his case dismissed citing "prosecutorial vindictiveness" from the El Paso District Attorney's Office.
Gabaldon is accused of stabbing and killing Juan Garcia Flores after the two men allegedly engaged in a paid sexual encounter. He was arrested on February 28, and has remained in jail since. Gabaldon's trial is set to start on Dec. 2.
Gabaldon claims Flores attacked him with the knife first, and that he was acting in self-defense.
The District Attorney's office is pursuing the death penalty for Gabaldon, after his murder charge was upgraded to capital murder in early November.
Gabaldon's attorneys said the state opted to seek the death penalty as "retribution" after prosecutors asked for more time to prepare for the trial. That request for more time was denied by 210th District Court Judge Alyssa Perez.
"The moment when the State of Texas announced it had actually made good on their threat and re-indicted this young man for Capital Murder and then the literal stomach-turning Notice to Seek Death that was filed less than a week after a full PR [personal recognizance] bond was offered to the Defendant. All of these circumstances, when considered together, prove the “realistic likelihood” that the State of Texas punished the Defendant’s request to go to trial when the State was not ready," the defense's court filing said.
You can read the defense's full motion below:
Vindictiveness? This was a murder and the Defense is saying the Prosecution’s being mean and you’re offended? How have you made it this far in this world? You’re pitiful and I’ll bet a liberal
Who are his lawyers, Dewey, Cheatem and Howe?
Is this thug from Juarez?
I don’t think ‘vindictiveness is a ground for dismissal.
Of course you don’t. Every hateful comment that you make is based on vindicteness. You present no facts, just hatefulness.
I still don’t think vindictiveness is grounds for dismissal. This DAS office needs a thorough hose cleaning. She isn’t going to be able to do the job.
This case as I see it doesn’t warrant a Capital crime. Big mistake by the prosecutor. However he needs to be charged with something. And if the prosecutor lacks evidence disputing self defense, not guilty.
You’re not a lawyer so STFU nitwit.
As I previously stated, ‘vindictiveness’ is not a ground for dismissal. The case was dismissed upon a motion by the defense claiming a 6th Amendment violation of the defendant’s right to a speedy trial.
If a defendant asks for a speedy trial and you upgrade the charge to Capital because of it that is VERY vindictive not to mention obvious.
An obvious abuse of office, dismissal is appropriate.
The two creeps deserved each other.
We just can’t make madmike happy, can we?🤣
That’s easy nitwit. Just go jump off a cliff.
Biden is your President punk🤣
Biden is the worst President in US history. There, fixed it for you.
Trump was your President nitwit and you denied it for 4 years. Let’s go Brandon!
His senile Joe is a baby, soldier and children killer. The nitwit voted for him making him the same.