Prosecutors appeal ruling throwing out statements in slaying
Aaron Martinez
State prosecutors are appealing a district court judge’s ruling that threw out recorded statements given to police by a woman arrested with four other people in an alleged drug-related killing.
Erlinda Lujan was arrested Sept. 27 in connection with the brutal beating of Anthony “Lazy” Trejo, 33, by several people earlier that month.
According to an appeal document filed Monday, El Paso County District Attorney’s Office officials claim that 243rd District Court Judge Luis Aguilar wrongfully threw out two of three parts of an interview Lujan conducted with El Paso Police Department detectives.
Aguilar ruled that the first interview at the El Paso Police Department headquarters was admissible as evidence since detectives read Lujan her Miranda rights.
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During that portion of the interview, Lujan denied playing a role in the killing of Trejo, but added that she was forced to go with the other suspects to dispose of the body.
She then told police detectives, “Can’t I just tell you where the body’s at? Please.” She added, “I just — I know where the body is. I don’t care if I go to jail for it,” the appeal claims.
Lujan then allegedly insisted that officers allow her to take them to the scene.
A detective agreed to let Lujan to take them to the area where the body was buried and told her that “when we come back, we can continue, if you like, okay?” the appeal states.
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Less than 20 minutes after Lujan had been read her Miranda rights for the first time, she was placed in the back of an unmarked police sedan and directed the detectives to the general area where Trejo was buried.
During the drive, a detective used a city-issued iPad to record the conversation. The detectives then continued to interrogate Lujan in the vehicle.
She was not reread her Miranda rights. Lujan went on to answer the detective’s questions about her knowledge of Trejo’s death and where his body was.
After she provided information on the general area of where Trejo was buried, detectives took her back to the department’s headquarters.
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She was then interviewed again by detectives more than two hours later. Before the interview began, detectives reread Lujan her Miranda rights. Lujan said she understood her rights and agreed to be interviewed again.
According to the appeal, Lujan provide “pretty much identical” information in this part of the interview as she did in the interview in the police vehicle.
Aguilar ruled that the second part of the interview was inadmissible since detectives failed to read Lujan her Miranda rights again.
He also ruled that the third part of the interview could not be used because detectives used a “question first, warn later” interrogation technique to circumvent Lujan’s Miranda protections, documents state.
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Prosecutors argued in their appeal that detectives conducted one long interview in three parts and therefore did not need to read her Miranda rights each time.
They added that the first part and second part of the interview occurred within minutes; therefore, Lujan was already aware of her constitutional rights.
Finally, prosecutors argue that even if she wasn’t read her Miranda rights during the second part of the interview, detectives did read it to her before they began the final part and, therefore, she voluntarily made the statements.
Lujan’s lawyers have yet to file a response to the appeal.
No date has been set on when the Texas Eighth District Court of Appeals justices will make a ruling on the case.
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Trejo was allegedly bludgeoned on the head with a metal dumbbell and fatally beaten by three men Sept. 12 at a home in the 8900 block of Ortega Court in the Ysleta area.
The other suspects arrested in the case were Roberto Favela, Romuldo Trujillo, Steven Daniel Ramirez and Adrian Herrera.
According to court documents, Trejo was hit with the dumbbell by Favela, who along with Trujillo and Ramirez then allegedly beat and stomped on Trejo until he was dead.
The suspects then allegedly buried him in a shallow grave in the desert on Fort Bliss land about 2 miles east of the 11700 block of Railroad Drive, according to court documents. His body was found Oct. 3.
Court documents claim that Lujan allegedly was working for La Linea, another name for the Juárez drug cartel, and Trejo was on a drug cartel kill list.
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Lujan and the four men were charged with one count each of engaging in organized criminal activity, tampering or fabricating evidence with intent to impair a human corpse, and tampering or fabricating physical evidence with intent to impair.
Police also arrested several other people in connection with Trejo’s death on tampering with evidence charges.
Those arrested included Phillip Esquer, Elvira Maria Navarette, Michael Jeffrey Aceto and George Alberto Bonales.
While Lujan’s case has been put on hold until a ruling has been made on the appeal, four suspects arrested in the case already have pleaded guilty and been sentenced.
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Favela and Ramirez pleaded guilty to engaging in criminal activity as part of a plea agreement, according to court records. The tampering with evidence charges against them were dismissed.
Favela was sentenced to 30 years in prison, while Ramirez received a 20-year prison term.
Navarette pleaded guilty to one count of attempt to commit tampering or fabricating physical evidence with intent to impair. She was sentenced to six months in jail.
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Aceto pleaded guilty to a tampering with evidence charge. He was sentenced to 10 years of probation and 300 hours of community service, according to court records.
The cases against the other suspects still are pending in district court.
Aaron Martinez may be reached at 546-6249; aamartinez@elpasotimes.com; @AMartinez31 on Twitter.