Things That Matter

A Man In El Paso Has Been Charged With The Murder Of His Date After She Went Missing

The family of a woman who had been declared missing since July has finally found tragic answers after El Paso police charged Ricardo Marquez, 28, with her murder. Erika Andrea Gaytan, 29, was reported missing by her family on July 16, who felt it was out-of-character for Gaytan to disappear and leave her 7-year-old son behind. Gaytan reportedly was last heard from after going to a concert at the El Paso County Coliseum on July 13 with Ricardo Marquez. Gaytan recorded the concert, featuring Los Rieleros del Norte, Polo Urias and La Maquinaria Norteña, from her social media last night, marking the last time anyone heard from her. Detectives say that the day after Gaytan’s disappearance, Marquez borrowed his brother’s car and his sister’s shovel. Gaytan’s blood was found in Marquez’s Jeep. In a statement released Wednesday, Sgt. Enrique Carrillo said that Gaytan’s “body has not been found, but based on forensic and other evidence gathered over the course of the investigation detectives have reason to believe that she is deceased and was the victim of a murder.”

Police believe Marquez used zip-ties to restrain Gaytan in his home, where he murdered her.

CREDIT: EL PASO POLICE DEPARTMENT / FACEBOOK

Marquez was brought in for questioning following Gaytan’s disappearance, where he told detectives that she came home with him, but used a ride-hailing app to leave after they got into a verbal argument. Detectives found no evidence that Gaytan used her ride-hailing apps, discrediting Marquez’s statement. According to a court affidavit, Marquez continued to give conflicting statements about his experience with Gaytan, and his whereabouts the following day, when speaking with law enforcement and family and friends alike. 

Marquez allegedly spent the next day covering up his crime.

CREDIT: @JALAKFOX_CBS / TWITTER

Investigators then looked into Marquez’s phone records, which showed that he had texted his brother and sister the next morning. He asked his brother if he could borrow his all-wheel-drive Jeep Wrangler, and picked up a shovel from his sister. Surveillance video evidence creates a timeline for Marquez’s alleged cover-up. He borrowed a shovel from his sister around 11:25 a.m. the following morning, and then went to his brother’s house to pick up the Jeep. He spent about an hour with his brother before being spotted on the 13900 block of Montana in east El Paso, driving toward the Redlands desert area. An hour later, the Jeep was spotted again, driving back to his brother’s house around 1:39 p.m., according to the affidavit that was issued for his arrest. With a search warrant in hand, a Department of Public Safety DNA lab-tested Marquez’s brother’s Jeep trunk floor mat, which came back positive for traces of Gaytan’s blood. Police believe Marquez transported Gaytan’s body in the trunk of his brother’s car, and buried her in an unknown area in the desert.

Court documents cite that a search of Marquez’s home produced the shovel he borrowed from his sister, a pair of shoes filled with sand, and zip-ties “tied in a manner to be used as restraints.” Detectives have concluded that “Ricardo Marquez murdered the victim in his residence, used the Jeep to transport the body of the victim to an unknown location only accessible by off-road vehicles, and that he used the shovel to bury the body.”

The El Paso community is shocked to hear of Gaytan’s murder.

CREDIT: EL PASO POLICE DEPARTMENT / FACEBOOK

“Too many tragedies as of late,” commented Melissa Arredondo on the El Paso Police Department’s Facebook announcement of the arrest. “Dang… And the report says he buried her near Redlands. That place is so cursed. My friend’s dad just died there. It will never be the same,” commented another member of the community. Others remain hopeful in demanding that the police find Gaytan’s body before assuming her death. “Too many questions remain,” commented another concerned El Paso citizen.

Gaytan was facing a court hearing for criminal mischief when she disappeared, but her family couldn’t believe that she would leave her son behind without warning. Gaytan once appeared on El Paso’s Most Wanted List in 2017 before she was charged 66 charges of credit abuse in a criminal mischief case.

Police say the investigation is ongoing and detectives are relying on the public for more information. If you have information on the case or Ricardo Marquez, call (915) 212-4040 or Crime Stoppers of El Paso at (915) 566-8477.

READ: California Man Arrested With Drugs And Guns While Keeping A Person Hostage And Suspected Of Murder

After Tekashi69 Cooperated With Authorities Against His Gang He Now Fears Spending Time In Prison

Entertainment

After Tekashi69 Cooperated With Authorities Against His Gang He Now Fears Spending Time In Prison

6ix9ine / Instagram

Rapper Tekashi69 may have been sentenced to two years in prison last month, but he’s already petitioned the judge presiding over his case to serve the remainder of his sentence in home confinement for fear of his life. Tekashi, born Daniel Hernandez, was initially facing 37 years in prison, for firearms, racketeering, shootings, and robbery charges. His cooperation in taking down his own gang, the Nine Trey Gangsta Bloods, reduced his prison sentence to two years. However, this means that Hernandez was transferred from a federal jail to a private prison alongside “various members of the Bloods,” according to Hernandez’s attorney, Lance Lazzaro, in a motion to modify Hernandez’s prison sentence. The term “snitches get stitches” is gang culture canon for a reason and Hernandez’s cooperation ensured the conviction of two Nine Trey gang members, a Bloods gang.

Now, Lazzaro is trying to get Hernandez out of prison by emphasizing that “Hernandez’s safety is still, and will continue to be for the foreseeable future, seriously at risk.”

Daniel Hernandez, a.k.a. Tekashi69, hoped that his cooperation would warrant his immediate release from custody after pleading guilty to his charges.

CREDIT: 6IX9INE / INSTAGRAM

Judge Paul A. Engelmayer spoke directly to Hernandez in the courtroom last month when he told him, “Your conduct was too violent, too sustained, too destructive, too selfish, and too reckless with respect to public safety to make a sentence of 13 months at all reasonable,” according to The New York Times. Hernandez pleaded guilty to several shootings and robberies and appeared genuinely remorseful at his hearing. At one point, one of his victims testified about her experience of being shot by Hernandez. “I know I was wrong,” he reportedly said through tears. “I was weak. I was easily influenced. I can’t believe that was me. Again, your honor, there is no apology good enough.”

When Hernandez read his statement to the court, he spotted the father he hadn’t seen in over a decade in the crowd.

CREDIT: 6IX9INE / INSTAGRAM

Hernandez, 23, was giving his measured statement to the court when he visibly started to get emotional. Hernandez told Judge Engelmayer that he just noticed his biological father, who abandoned his family when Hernandez was in third grade, in the audience. The man confirmed and requested that he take the podium but Engelmayer told him that he “squandered” that right “many, many years ago.” 

The man and performer we knew as Tekashi69 has seemed to evolve during his court proceedings. Up until his arrest, Hernandez routinely rapped about gang life and his disdain for the law. Just one day after his arrest, however, he started “snitching” to the federal government on the Bloods.

The judge has described his cooperation as “game-changing” and “brave,” but it also makes him a serious target.

CREDIT: @ALMIGHTYJOKA / TWITTER

“As the court is well aware, Rolland Martin, a co-conspirator convicted in Hernandez’s case, was almost killed in a Bureau of Prisons facility, not for cooperating with the government, but for merely renouncing his membership in the gang,” Lazzaro told the court. Hernandez has not only renounced the gang but has “provided the government with critical insight into the structure and organization of Nine Trey” prosecutors stated in a court document meant to seek leniency in his sentencing. 

“Your cooperation was impressive. It was game-changing. It was complete and it was brave,” Judge Engelmayer told Hernandez during his sentencing, saying his cooperation “brought out the best in you, and you should be proud of yourself for it.” Since the government understands that Hernandez’s cooperation necessitates a lifetime of looking over their shoulders, his sentence has been reduced. With is safety in mind, he was sent to a private facility meant to provide extra security from Blood members. That very security measure may prove to be an obstacle in granting him early release into home confinement.

Now, Hernandez is seeking early release or to be transferred to a community correctional facility (CCC).

Credit: @ACAMBACANI / TWITTER

If his safety wasn’t a consideration, Hernandez would have been committed to the custody of the Bureau of Prisons until he was eligible for early release or a CCC. However, his cooperation with the government has imposed such a danger on his life, the Court sentenced him to a private facility without as much danger. Still, Lazzaro says that such accommodation has robbed him of the ability for an early release.

“Given the sensitive nature of his testimony as a government witness and his celebrity status, my client will have to take extreme measures for both the security of himself and his family for quite possibly the rest of their lives,” Lazzaro said, implying that a life sentence from a violent gang has already been assigned to Hernandez. 

Hernandez has declined the government’s offer of being placed in witness protection and says he wants to continue making music. In fact, just weeks before his trial, he signed a $10 million record deal. Today, he says he’s thinking of the children who have looked up to him to become an example of someone who can turn their life around.

READ: Tekashi69’s Undocumented Driver Cooperated With Federal Authorities To Avoid Being Deported

A Jury Has Finally Been Selected For The Harvey Weinstein Rape Trial And Gigi Hadid Is Out

Entertainment

A Jury Has Finally Been Selected For The Harvey Weinstein Rape Trial And Gigi Hadid Is Out

@Current_Knewz / Twitter

After more than 100 women accused him of varying degrees of sexual assault, Harvey Weinstein’s rape trial is now underway. The jury selection process began almost two weeks ago in New York State Supreme Court, where a diverse pool of prospective jurors gathered, ready for the opportunity to participate in one of the most intense legal battles of the #MeToo movement. However, the process of selecting an impartial jury proved difficult—while 120 prospective jurors showed up that first day, many people admitted an inability to remain unbiased, which ultimately disqualified them from participating in the trial. This pattern continued the following day, when 47 of the additional 120 prospective jurors were dismissed for the same reason.

This past week, one of the people dismissed was supermodel Gigi Hadid. Hadid claimed that she could be fair and impartial if selected as a juror, but her involvement in the Hollywood social scene gave Judge James Burke pause.

Credit: Jim Haffrey / Associated Press

According to a pool reporter inside the Manhattan courtroom, Burke read a list of potential witnesses, asking the potential jurors to speak up if they knew anyone on the list. Hadid raised her hand and said, “I have met Salma Hayek.” She also affirmed that she had met Weinstein before.

“I think I’m still able to keep an open mind on the facts,” she said. But Burke was not convinced, and dismissed her from the selection pool.

Although Weinstein has been accused of harassing scores of women, the trial addresses just five charges from two accusers. The charges include predatory sexual assault, rape, and a criminal sexual act in the first degree. If convicted, he could spend the rest of his life in prison. Yet Weinstein has pleaded not guilty to all of the charges, and he maintains that all of the sexual encounters in question were consensual.

The trial is estimated to last until March, with two weeks of jury selection and eight weeks of arguments and testimony—all before actual deliberations are due to start.

Credit: Associated Press / Mark Lennihan

According to Weinstein’s attorney, Donna Rotunno, one of the major challenges with securing a jury was finding people who are able to commit to such an extensive trial. Weinstein’s defense team has also expressed concern with a perceived inability to locate impartial jurors in New York City—as a metropolitan area heavily tuned in to the media, Weinstein’s team feared that most prospective jurors have been following the case and forming opinions about Weinstein’s misconduct since it was first brought to light in 2017. According to CNN, Weinstein’s team made multiple attempts to move the trial to different cities in New York, where the likelihood of locating unbiased jurors might be higher.

On January 16, seven jurors—four men and three women—were seated. But that day, prosecutors accused Weinstein’s team of deliberately eliminating young white women from the pool of prospective jurors, as Weinstein’s lawyers had used half of their peremptory challenges to excuse prospective white women jurors who were not dismissed for bias or previously deemed unfit by prosecutors.

Why is this important, you may ask? Well, first of all, it’s illegal to use peremptory challenges to eliminate potential jurors on the basis of sex, race, ethnicity or religion.

Second of all, while lead prosecutor Joan Illuzi did not clarify why a lack of white women jurors would be problematic for the prosecution, legal experts said that the defense seemed to assume that jurors of this demographic were especially likely to sympathize with Weinstein’s accusers. So, the idea is that the defense tried to limit jurors of this kind in a strategic attempt to prevent even subconscious opposition to Weinstein during the trial.

Yet defense lawyers dismissed this accusation, citing specific reasons for rejecting each individual white woman and claiming that the remaining white female jurors’ responses to a questionnaire ultimately deemed them unfit to sit on the jury.

Rotunno said that the responses to the questionnaire that aimed to determine whether prospective jurors had experienced sexual assault (or knew someone who had) ultimately determined who would be a viable, unbiased candidate for jury selection, and that the defense’s resistance to seating certain individuals “had nothing to do with race or sex.” But due to the high number of women—regardless of race—who have experienced sexual violence, this stipulation largely diminished the number of women deemed fit for consideration at all. On the first day of jury selection alone, roughly 30% of the 120 prospective jurors stepped down for bias linked to personal experiences of sexual assault.

Ultimately, the final 12-person jury is comprised of six white men, one black man, two white women, and three black women. The alternate jurors, who will only serve if one of the first 12 jurors must withdraw, include a white man, a Latina woman and a black woman.