Gonzales still faces child abuse charge in killing of Victoria
Defense had asked for most serious remaining charge to be dropped
With less than a month to go before Fabian Gonzales is set to go to trial on charges related to the brutal murder of 10-year-old Victoria Martens, prosecutors and his defense attorney were still ironing out the charges against him.
Friday afternoon, Judge Charles Brown determined Gonzales should still face the charge of child abuse recklessly caused resulting in death, denying the defense attorney’s motion to dismiss the most serious charge against him.
Gonzales is also charged with eight counts of tampering with evidence and one count of conspiracy to tamper with evidence because
prosecutors say he helped dismember the girl’s body and clean up and hide the tools that were used.
Initially, after Victoria’s death in August 2016, her mother, Michelle Martens, her mother’s boyfriend Gonzales and his cousin Jessica Kelley were charged with the rape and murder of the little girl. But the District Attorney’s Office now says Victoria was killed because Gonzales had gotten into a fight with a pregnant woman at the prison homecoming barbecue for Kelley.
According to the DA’s Office’s statement of facts filed last week, Gonzales — who was given a black eye in the fight — texted threats referencing his ties to the Thugs Causing Kaos gang and in retaliation someone went to Martens’ home while the couple was out and Kelley was babysitting.
That unidentified man, the state says, strangled Victoria to death in her bed.
In late June, Martens pleaded guilty to child abuse resulting in her daughter’s death. Last week, Kelley attempted to plead guilty to reckless child abuse resulting in death but Brown rejected the deal. The DA’s Office has asked the judge to reconsider that decision.
Gonzales’ attorney Stephen Aarons has argued that the child abuse charge against his client should be dismissed because there was no way Gonzales could have known that threats he texted to “gang members” would result in the strangling death of the daughter of his girlfriend.
“That’s simply not enough to endanger the child,” Aarons said. “It was not a foreseeable event that a well-dressed man would come to the door, ask who was there, walk to the child’s bedroom and murder the child. This isn’t gang behavior.”
He said he believes Kelley killed Victoria.
However, Greer Rose, the state’s lead prosecutor, argued that Victoria’s death was direct retaliation for the threats Gonzales had made.
“He put Victoria in harm’s way, that’s all we have to show. It’s recklessly caused,” Rose said. “He created a harm, he knew of the harm, he could foresee the harm, he put Victoria in harm’s way, the harm happened. He is then guilty of child abuse recklessly caused.”
Although Brown expressed skepticism of the state’s narrative — questioning why there was no evidence presented of threats against Gonzales — he determined the child abuse charge should be heard at trial.
“It’s clear in this case that there are a number of disputed facts so we will allow count one as amended to go forward,” Brown said. “If it’s a jury question, we’ll let the jury hear everything.”
Michael Patrick, a DA’s Office spokesman, said prosecutors are “encouraged today by the judge’s decision that there is enough of a factual basis on the charge of child abuse to go to a jury.”
Aarons said he was also hopeful following the hearing.
“We’re moving forward and maybe we’ll get some closure in the next month or so, which is a good thing,” he said.
In addition to asking for the child abuse charge to be dropped, Aarons had also asked Judge Brown to bar testimony regarding Gonzales’ gang affiliations and gang behavior in general — which the state has claimed is central to the motive of the case.
Prosecutors plan to call two expert witnesses about gangs, culture and retaliation who they say can also establish Gonzales’ gang affiliation and the affiliation of the people at the party.
Aarons, however, argued that this testimony is prejudicial against Gonzales and will not help the jury determine why the crime occurred.
“The jury is certainly going to hear whatever the people in the barbecue are going to say,” Aarons said. “Bringing in the gang experts will just compound the prejudice against the defendant without assisting the jury.”
Brown deferred the decision until after they can hold another hearing on the matter next week.