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Posted: 2:34 p.m. Friday, June 29, 2012
By Martina Valverde
County of El Paso
EL PASO, Texas —
"My daughter's life is just a plea bargain. If there's any justice you would've received a life sentence," Donna Herrera, the victim's mother told Javier Silva.
Silva was shackled and heavily guarded as he told Judge Maria Salas-Mendoza he's guilty.
"It was not something that he planned. He did not hold any grudges against her," said defense attorney Leonard Morales.
In June 2008, Silva stabbed 20-year-old Gabrielle Herrera to death. In an effort to hide the evidence he took her body to an empty lot and set it on fire. Herrera's body was found when firefighters were called to put the fire put. Her body wasso charred it took medical records and experts to identify her.
"The way you burned her body is the way you will burn in hell," Herrera told Silva during a victim impact statement Friday.
Silva's defense said the two knew each other but wouldn't comment further on what their relationship was.
"It's so hard not to have her with us," said Maury Herrera, the victim's father.
Herrera's parents agree the worst part is the plea deal. Silva will spend 45 years in jail on the murder charge. Lesser charges of arson and tampering with evidence were given lesser punishments, but all three will be served at the same time.
"Our hearts need to rest," said Herrera.
Herrera said her focus now is to get Gabrielle's children back.
"The father has kidnapped the kids," she said.
The children were toddlers when Silva killed their mom.
"They don't remember mom, so I'm mom right now," she said.
Silva will get credit for time served. He is also eligible for parole but must serve half his sentence before he gets a parole hearing.
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