Death Penalty for Illegal Alien Arrested in Texas Jet Ski Death?
Governor says "Yes," HOWEVER:
Shortly after I wrote about the arrest of Daikerlyn Alejandra Gonzalez-Gonzalez, a Venezuelan woman authorities say entered the country illegally, for the death of a teen kayaker mowed down by a speeding jet ski on Grapevine Lake, Texas, Governor Greg Abbott called for the death penalty:
Given the interest in the case, I thought it best to publish a second article explaining why that’s likely to be easier said than done:
After serving thirteen years as the Attorney General of Texas before becoming its Governor, Abbott is likely well aware of a key fact in the case that would have to be overcome for this to be prosecuted as a capital offense:
Daikerlyn Alejandra Gonzalez initially faces a charge of felony manslaughter, which is not punishable by the death penalty under Texas law.
Ava Moore had just returned home for the summer after graduating from the US Air Force Prep Academy and had accepted an appointment to the Air Force Academy's class of 2029 when she was killed.
According to an arrest warrant affidavit cited in numerous media reports, witnesses told police the woman who collided with Moore's kayak made several passes along the shoreline on a jet ski with "wanton disregard to the safety of others and at a speed and manner that endangered others in the area before eventually colliding with one of two kayakers paddling near the shoreline."
KXAS-TV reported that the affidavit stated that the other kayaker witnessed Moore's kayak being struck from behind by the jet ski and that "the woman on the (jet ski) saw Moore was injured and immediately left the area."
Grapevine Police say witnesses said the woman piloting the jet ski returned to the shoreline and left in a car driven by a man police say struck at least one vehicle as they fled. Police say a bystander snapped a photo of that woman, which they made public in the hope of identifying her.
Texas Game Wardens, who have jurisdiction on Grapevine Lake, soon announced the arrest of a suspect, identified as Daikerlyn Alejandra Gonzalez Gonzalez, two days after the fatal collision. The male suspect, Maikel Coello Perozo, was arrested later that day. He faces two misdemeanor charges for a collision involving damage to a vehicle and hindering apprehension.
Prosecutors would have to upgrade the charges against Daikerlyn Alejandra Gonzalez to a capital offense for this to become a “death penalty” case. Neither Texas Governor Greg Abbott nor Attorney General Ken Paxton (who has publicly pledged "to secure justice for Ava") has jurisdiction over her case.
That will fall to Tarrant County District Attorney Phil Sorrells, whose campaign website described the former Criminal Court Judge as "a conservative Republican ... (who) will aggressively prosecute criminal conduct by illegal aliens."
Despite those bona fides, Sorrells faces a possibly insurmountable bar were he to follow Abbott’s call to prosecute Daikerlyn Gonzalez as a capital felon:
To qualify for the death penalty (according to the Texas Penal Code), Gonzalez must have"intentionally or knowingly caused the death of an individual," under special circumstances, in particular, the:
murder of a public safety officer or firefighter in the line of duty;
murder during the commission of specified felonies (kidnapping, burglary, robbery, aggravated rape, arson);
murder for remuneration;
multiple murders;
murder during prison escape;
murder of a correctional officer;
murder of a judge;
murder by a state prison inmate who is serving a life sentence for any of five offenses; [or]
murder of an individual under six years of age
The Texas Penal Code may ultimately deny Governor Abbott's desire for the Gonzalez case to be tried as a capital offense.
What do you think of the Governor's call for the death penalty in this case?
Share your reaction in the comments about this article!
Abrazos,
Jack Beavers
She deserves life imprisonment. I hope our government doesn't decide to exchange prisoners with Maduro. Because in Venezuela they would welcome her as a hero.
Jack, this heinous murder makes me sick. Great reporting as always.