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Posted: 3:35 p.m. Friday, June 29, 2012
By Martina Valverde
El Paso Police Department, County of El Paso
It took a long time to get to the point it did today. In trials, it usually takes a couple of years to get the evidence and prepare for a trial, but I'll admit, besides the Yara Perez trial, I haven't seen one take this long.
However, with the trial scheduled for August, it came as somewhat of a surprise that a guilty plea would be made.
For those who don't remember this case, it started June 12, 2008. At 9:11 p.m., firefighters responded to put out a fire in an empty lot off of Bob Hope Drive in east El Paso. At that time, they discovered 20-year-old Gabrielle Herrera's body. They determined she had been stabbed to death, taken to the empty lot and set on fire.
The next day, 23-year-old Javier Silva was arrested at his home, which was only a block away from the crime scene.
The victim's body was so charred, it took experts in Dallas and medical records to identify her.
Since the murder, there had been several hearings and a trial scheduled.
When I was around the courthouse earlier this week, I got word Silva was going to plead guilty.
I went to the plea hearing this morning, and that is exactly what happened.
Silva, who has been in jail since he was arrested June 13, 2008, was shackled and ushered into the courtroom with several -- at least six -- detention officers.
Herrera's family sat in the front row with tissues. They had water bottles, but they were taken away -- I can only assume it was because they could be turned into weapons if one of them chose to throw them, but like I said, that's an assumption.
Judge Maria Salas-Mendoza then began speaking to Silva. She asked if he was competent to enter a plea, had any mental problems or even if he felt like he'd had an adequate defense. Silva told her he knew exactly what he was doing.
Silva then entered a plea of guilty. Silva had been charged with three counts: murder, tampering with evidence and arson.
On the murder charge, the deal was 45 years in prison. The other two were 10 and 20 years. In plea deals, the judge can reject them, but in this case, she accepted it.
Silva sat down so that victim impact statements could be read.
First to go was Gabrielle Herrera's mother, Donna Herrera. She looked at Silva, telling him that she could never imagine that someone could commit such a heinous crime. She told him that he would burn in hell the way he burned her daughter. Herrera also expressed anger with the plea deal, saying he's lucky he got such a light sentence.
Next to speak was Gabrielle Herrera's father, Maury Herrera. He was breathing heavily and cried as he walked past Silva. The officers stood in front of Silva for protection. Maury Herrera expressed views similar to those of the victim's mother.
I caught up with Gabrielle Herrera's parents as they left the courtroom. They said justice wasn't done, but they are glad the case has finally come to an end.
Donna Herrera said what is hardest right now is that her daughter left behind two children. They are now 5 and 6. She says they don't remember their mom. She said they are OK.
As for Silva, he will get credit for time served. He will also be eligible for parole, but he has to serve half his sentence before he even gets a parole hearing.
I am a proud native El Pasoan. I attended El Paso High School before graduating from Parkland High School.
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