LAS CRUCES POLICE DEPARTMENT LCPD: DASO: 2316587 (STATE029) 23007252 OFFENSE: ASSISTING OTHER AGENCY STATEMENT CONDUCTED BY: DETECTIVE MARK MYERS #292 CRIMINAL INVESTIGATION DIVISION LAS CRUCES POLICE DEPARTMENT DATE: TIME: PLACE: STATEMENT OF: GABRIEL AVILA MYERS: HOW ARE YOU DOING, MADRID: IT MYERS: HOW YOU DOING, MAN. MY NAME IS MARK MYERS. I WORK WITH THE CITY POLICE HERE IN LAS CRUCES. THIS IS RICKY MADRID. MADRID: HEY, HOW YOU MYERS: HOW YOU DOING, HAVE A SEAT. 80 HOW ARE YOU AVILA: UM THINGS (INAUDIBLE) ALL THESE TRANSPORTS. MYERS: YEAH. AVILA: ALL THESE TRANSPORTS. CONFUSED. I KNOW. ALRIGHT THOUGH. MYERS: YOU OKAY, WELL YOUR COME UP IN AN INVESTIGATION THAT BEEN WORKING ON FOR A WHILE NOW. AND WE WANTED TO CHAT WITH YOU AND INTRODUCE OURSELVES TO YOU AND KIND OF GET YOUR SIDE OF THE STORY, IF OKAY WITH YOU. AVILA: YEAH. MYERS: OKAY, AVILA: SO YOU GUYS ARE NOT 2316587 GABRIEL AVILA (STATEOZQ) - 1 - 22mm? 22mm? 22mm? P>n .. 22mm? 22mm? Na.? mmw? Am4>4mans 20. 20. .o>cmm 41>; 5:3 <53 35. 4:3 <0c.mm :05 wow >2 Im>m_zm 413w ez>co_wrmv l>zo z m>mr< 1.5 ?9220 3 520 220 OS >20 41m< m>_0 <00 >20 m0 .umH? 00 IE. 00mm $0020 395 I>20 m0 mogm Om . OCH Om. 0>2 . ?mC. cm <09? . O>wm_mr >20 <09? Om >20 <09? mmOCTd: >20 wmmomm Emu. <20 <00 I>m2 0:2..um0 1mm. 0.0 0:20 ima On 423 3:me . :cxtz. 20..V 0.0 v.20 020?.um0 1mm}. .2er .3me 1m :5 Eozamm >20 moirm wca 0024 .205. 5.12.. 22.6065: 2.0019. .2 Imr?m0 Immi. Imr?mU 1.2. Imm 00<<2 >20 .w>0.A .2 >20 Im 0022> .2 43:02 >20 Im 00mm 210.0 02. 10.:0 >20 Imi. 8% MYERS: AVILA: MYERS: AVILA: AVILA: MYERS: AVILA: MADRID: AVILA: MADRID: AVILA: MADRID: AVILA: MADRID: AVILA: MADRID: 2316587 GABRIEL AVILA (STATEOZQ) DID HE GET WHAT HE USED FROM YOUR SO HE HAD WHATEVER IT WAS WITH (NO ANSWER HEARD) DID YOU TALK ABOUT AFTER YOU DUMPED I WAS JUST FREAKED OUT AND HE TOLD ME SHOULD NOT SAY (INAUDIBLE) SHOULD NOT SAY DID HE EVER EXPLAIN TO YOU STILL HAVING TROUBLE GRASPING, I BE LINKED TO HER. HE HAVE SEX WITH HER. YOU KNOW, I UNDERSTAND WHAT THE MOTIVE HE WOULD HAVE FOR KILLING HER-- (INAUDIBLE) .THE HOUSE THAT YOU STOPPED AT (INAUDIBLE) STOPPED AT, THAT HE WENT IN, DID HE GO INSIDE THE WELL ACTUALLY HE WENT THROUGH THE .THROUGH THE SIDE OF THE HOUSE. WAS THERE A PARTY GOING ON THE LIGHTS WERE ON BUT I KNOW IF THERE WAS A PARTY. HE TOLD ME THAT WE WERE GONNA PARTY THERE. BUT I KNOW IF HE WOULD. NEVER WENT INSIDE SO I KNOW IF THERE WAS A PARTY IN THERE-- BUT HE (INAUDIBLE) SCORING COCAINE AND HE TOOK OFF AND TOLD YOU TO WAIT THERE. HE TOLD ME ON, YOU KNOW. GONNA CALL SOME PEOPLE. GONNA HAVE A PARTY HERE. JUST CHILL TIIASTEE -28.. AVILA: MADRID: AVI LA: MADRID: MADRID: AVILA: MADRID: AVILA: MADRID: AVILA: MADRID: AVILA: MADRID: AVILA: MADRID: AVILA: MADRID: AVILA: . MADRID: AVILA: MADRID: 231 6587 GABRIEL AVILA (STATE029) (INAUDIBLE) LONG WAS HE HE TOLD YOU TO STAY THERE FOR ABOUT 10. 15 MINUTES. HE COMES BACK TO WHERE RE AT WITH THE GIRL IN THE CAR, NO ONE ELSE SHOWS HUH-UH. SO YOU-- HE HAD THE COCAINE (INAUDIBLE) MUCH COCAINE DID HE A COUPLE OF (INAUDIBLE) SO JUST THE GIRL-F AND HIM. . YOU. AND IN THE BACK SEAT PASSED UH-HUH. DO YOU REMEMBER WHAT SHE WAS I I .I REMEMBER OFF HAND. - DID SHE. DESCRIBE THE GIRL TO ME WHAT DID SHE LOOK SHE WAS WHITE. HAD SHORT HAIR I THINK. A WHITE HOW SHORT WAS HER HAIR DO YOU ABOUT TO HER, HER SHOULDER. (INAUDIBLE) HER (INAUDIBLE) DO YOU KNOW WHAT COLOR OF TOP WAS SHE WEARING, DO YOU WEISS -29- AVILA: MADRID: AVILA: MADRID: MYERS: AVILA: MYERS: AVILA: MYERS: AVI LA: MYERS: AVILA: MADRID: AVILA: MADRID: AVILA: . MADRID: AVI LA: MADRID: AVILA: MADRID: 231 6587 GABRIEL AVILA (STATEOZQ) NO (INAUDIBLE) BUT IT WAS KIND OF LIKE A TIGHT BLOUSE OR SOMETHING LIKE THAT. IT WAS TIGHT TO HER YEAH. TIGHT DO YOU REMEMBER THE TYPE OF SEX YOU HAD WITH LIKE WHAT DID YOU DO NO, I JUST GOT ON TOP OF HER AND THAT WAS IT. MEAN LIKE WHERE DID YOU HAVE SEX WITH WHAT PART OF HER HER BEHIND TELL ME WHAT (INAUDIBLE) mm, (INAUDIBLE) DID YOU EVER PENETRATE HER I MIGHT . WAS SHE.. OR DID YOU HAVE TO TAKE HER CLOTHES OFF FOR I JUST UNDO HER PANTS AND IT. DID YOU PULL THEM UH-HUHLEFT HER (INAUDIBLE) ON ONE LEG. OH, YOU GOT ONE LEG ON. THE OTHER ONE (NO ANSWER HEARD) MEIER -30- MYERS: AVILA: MYERS: AVILA: MADRID: AVILA: MYERS: AVILA: MYERS: AVILA: MADRID: AVILA: MYERS: AVILA: MYERS: AVILA: MADRID: AVILA: MYERS: 2316587 GABRIEL AVILA (STATEOZQBACK OF THE WELL WE PUT HER IN THE TRUCK AND THEN WE GOT HER OUT. RIGHT. BUT HOW DID YOU GET HER IN, FIRST OF PULLED THE SEAT AND I HOLD HER HER ARMS AND HE WAS HOLDING HER LEGS. AND WE JUST PUT HER ON THE TRUCK. ON THE BACK OF THE BED OF THE YEAH. AND HOW DID YOU GET HER WELL I STARTED TO PULL AND ALL ON. HOLD AND THEN HE PULLED HER AND GOT HER OFF AND HE FINALLY GOT IT RIGHT AND HE PUT HER DOWN. DO YOU REMEMBER HOW SHE WAS SHE FACE FACE ON HER DO YOU WELL IN THE VERY LIKE IN THE (INAUDIBLE), I REMEMBER SHE WAS FACING UP. THIS WAS WHEN YOU TAKE HER OFF THE TRUCK TO THE REMEMBER WHENEVER PUT HER ON THE GROUND, SHE WAS FACING UP. OKAY, DID YOU EVER SEE THAT GUY HAD YOU EVER SEEN HIM NO, JUST AT THAT NIGHT. WAS HE A YOUNGER OLDER (INAUDIBLE) SAY ABOUT 26. WHAT nac? im ggiggi? GOA OG WIH OBHOLVM CINV .LVS .LSOP HO 83H ?iNlOd .LV NEEMLEIE EOHH ?sn mo .Ll ONIM DOA AVM GNV J.V EHJ. AVM CINV (9Nnawnw) (3781mm!) awe 310mm SI ma ?Hva/w- 'aw .LSNIVSV .Ll mama s: SI SIHJ. NHL- (a1alanVNz)-? I am MN i SNIN HHEH NI 3W .LOB .LVHM GNV 5180:1323 DOA ?HanW AW l'?l 3H.L 9n ONITELL HEHOA BEDS ICELLDTOSSV ?iHOl?d'lV .Ll JJ 1.08 LNOG 3H N09 .LVHM HESWEWEH DOA OCI EIHOW aaowma?losnw SHOW TIL-1M amine :10 WADE) HVTHOSDW BNOHLS 3H SVM MOH AW (szoaLVLs) V'mw "lamave 2.899 ZSHEAW ZSHBAW ISHHAW 588 HAW MYERS: AVI LA: MYERS: AVILA: MYERS: AVILA: MADRID: AVILA: MYERS: AVILA: MYERS: AVILA: 2316587 GABRIEL AVILA (STATE029) - SO IF.. .AND NOT SAYING RE LYING, SO THINK JUDGING YOU OR CALLING YOU A LIAR BUT I WANT YOU TO RATIONALIZE .THE LAWS NOT GONNA MAKE THAT MUCH OF A DIFFERENCE BETWEEN THOSE TWO THINGS. SO IF RE JUST SITTING THERE UM. .THINKING THAT, YOU KNOW WHAT MAN I. JUST BETTER IF I JUST THROW THIS IMAGINARY PERSON IN IT LL FEEL BETTER ABOUT MYSELF. PEOPLE WILL FEEL BETTER ABOUT ME. RE NOT GONNA GET THAT. YOU KNOW WHAT AND LIKE THE EVIDENCE WE HAVE DNA EVIDENCE. WE KNOW SHE WAS STRUGGLING, WE KNOW THAT THERE WAS SOME KIND OF PHYSICAL ALTERCATION BETWEEN HER AND WHOEVER STRANGLED HER. UM.. .WE HAVE YOUR DNA UNDER HER FINGERNAILS, SO WE KNOW THAT SHE JUST LAYING THERE-- STRUGGLING. I MEAN. .WH..ATI M. WHAT I CAN SAY ABOUT THAT IS MAYBE SHE JUST UM. .JUST LAYING THERE A BIT. SHE .MAYBE SHE MIGHT HAVE DONE IT (INAUDIBLE) --IT LIKE UH. .LIKE A BIG THING, YOU KNOW WHAT I MEAN-- WELL DID SHE TELL YOU OR OFF OF ME. WAS WASTED. (INAUDIBLE) (INAUDIBLE) SHE SAY NOTHING ACTUALLY. THE LEVEL OF DRUNKENNESS THAT SAYING SHE DISPLAYED THOUGH IS INCONSISTENT WITH THE AMOUNT OF STRUGGLE SHE PUT UP. I (INAUDIBLE) 2.3mm? 22mm? 22mm? 2.3mm? ?.504 >20 Um0w>0r< 220<< 12. @9520.? . >2 .n.20 0.x? >20 . 2m 220 0.3.. >20 Imp: 20- 2m.0 m2 0mm0m~=uj02 0m Imm . . . >20 220.2- . <.0 mIm mIm OESZQ. 2205 mIm mum/220 MIm.w 0.0 mIm .1002 20m?>rw Imm C..u Exm A.2>C0.wp.mv 041m.? . mm>Eu< .AZOST: .9902 02.3 .um? ?cmww -ECI-ICI. <2 0m A.Z>C0.w.um. w>02 .2 20 20 0.0 IsmO :n .2 [Km >20 ?>O>N.2mm >20 m?cmm . .Sm>2 . .2 0395 00 wm.2? .?ImEmw >m.A MYERS: AVILA: MYERS: AVILA: MYERS: AVILA: MYERS: AVILA: MYERS: AVILA: MYERS: AVILA: MADRID AVILA: MADRID AVILA: MADRID 2316587 GABRIEL AVILA (STATEOZS) OKAY, WHAT WAS THE INTERIOR WAS IT WAS IT WERE THERE SEAT IT WAS LEATHER. OKAY, NOW THIS VEHICLE, YOU DESCRIBED IT AS A SILVER UH-HUH. CAN YOU PUT THE APPROXIMATE YEAR ON IT WAS PREI I I LIKE BRAND NEW LIKE COUPLE. MAYBE ONE YEAR OLD. OKAY, AT THE YEAH-- NOT MEAN WE GOTTA REMEMBER THREE YEARS HAVE PASSED ALREADY SO UM. NOW IS THAT THE ONLY TIME YOU HAD SEX WITH HER WAS IN THE BACK OF THAT .. OTHER THAN THE GUN, YOU SAID THIS OTHER GUY REMEMBER ANY YOU REMEMBER CALLING HIM A NICK NAME (INAUDIBLE) NOBODY WAS AROUND WITH US. NOBODY CALLED HIM BUT HE NEVER INTRO. .WHEN HE FIRST INTRODUCED HIMSELF, WHAT DID HE SAY HIS NAME I T. .LIKE I SAID HE COULD BE (INAUDIBLE) HE .HE WAS A WHITE GUY. OKAY. KNOW WHATI I REMEMBER WHEN HE WAS LIKE IN THE BATHROOM (INAUDIBLE) YOU ALSO MENTIONED THAT AFTER YOU GUYS DUMPED THE BODY, THAT YOU WENT BACK-- IBII II - 3 AVILA: MADRID AVI LA: MADRID AVILA: MADRID AVILA: MADRID AVILA: MADRID AVILA: MADRID AVILA: MADRID AVILA: MADRID AVILA: MYERS: AVILA: 2316587 GABRIEL AVILA (STATEOZQ) YEAH, HE TOLD ME TO DROP (INAUDIBLE) AND DROP HIM OFF. WHAT POINT DID HE SAID HE TOOK HER WHENEVER DUMPED HER, I GUESS. SO YOU WATCHED HIM TAKE THE JEWELRY-- I REMEMBER LOOKING IN THE REAR MIRROR AND THEN LIT HER ON FIRE. AND I REMEMBER HE PULLING HER ARM SO GUESS THE JEWELRY. DID YOU DID YOU SEE WELL HE PUT IT IN HIS POCKET AND (INAUDIBLE) DID HE SHOW IT TO (INAUDIBLE) YOU NEVER SAW THE JEWELRY NO. WAS IT DARK OUTSIDE BY THE YEAH. - WHAT TIME MORE OR LESS WAS IT, DO YOU REMEMBER WHAT TIME THEY CLOSE THAT BAR BUT IT WAS RIGHT BEFORE THEY CLOSED THE BAR WHENEVER WE TOOK OFF (INAUDIBLE) THE LAPSE OF TIME BETWEEN THEN AND THAT, IT COULD BE AN HOUR OR TWO. NOT SURE OF THE NOT SURE (INAUDIBLE) WHEN DID YOU SHOW UP AT THE EARLY, ABOUT 10:30. WERE 53?? -36- '03 JINOG I J..NOG "?30 JHSIN .LVHJ. TIV .LV WJV EIHJ. OJ. 09 DOA GIG GIG JVI-INI GNV .LISEIG GVH I GNV ONIHJEIWOS GOA GIG SGHVO .LIGEJHO GNIX JVHM 3HJ. NI WEIHJ G330 HSAEJN GOA HEAEN I .1118 SGHVO .LIGEIHO GVH I (LGHVO .LIGEIEJO SAVH OJ3WD. (LEIVJ SNINNDH GOA 383M (LINEIHJ 80:1 GOA 383M MOI-I Mad (DINIEIG OJ. GVH GOA AVS DOA HOGW MOH GNV .LHSIN JNEM I JHSIN .LVHJ. .LGEI A8 SSWIJ :10 311000 JNEIM GVH I A8 383M JHSIN SIHJ. .LFIEI W085 AW :10 ENG HJJM JNEIM I HEIHJO BHJWEIEIHJO EHJ GNV HJIMJNEIM I AVG (malanwt) saw?. so 211an0 EINOE) GVH A8 JSDP GOA EIAH J39 SNIHJANV HO HEAOO OJ BAVH GOA GIG V'mw 1aluavs BET-JAIN 3V1IAV 3V1IAV Isaaxw :vav ISHEAW IsaaAw IVMAV SUSAN ISHEAW :v1IAv omavw IWAV IsaaAw :V'u/w ZSHEAW 2.5mm? 22mm? . ?wn?mr 50.050 205. 00275 0.902 m0 IE. m20 . 1.2. . .sm>2 . 2. >rmm>0< w0202.>. .. . m>.0 .. >20 <E.Am0.w 02 02 mam 0.0 mIm 1.2. ?302. IO:mm0 0.0 0m.<.m m0?m<20 .052 Im.? .20 .2930? 20220. <00 2m20: 0.02 0. 220,2 2? 41m 5:5 00.20 02 .2 41m Iocmm002m 0.0 Imul 0.0 #:mzm <20 m>.0 2m55 0004 0b??u?mr mIm <0Cm~ 02> 550 02 3.20. 00 .2. 00 .HOI cm . 3.20. . ?m>2 .S . 1m.? ?.20 >20 . 00C..0 I><0>.u>wrm 0.u 00.20 Exm >20 EOWFU 2205. 2205. >02 0.H 0.0 v.20 ?2030.? 0.0 . .320. 20. 20. lugs . - >20 2.20. 20<< Ow<.0cm..< mm 02m .2..me 0.0 220 10C20 mm0m24r<. 0.20m .oh? <20 m.Nm.? mm.m20. . .m 20 ES 0200 <1m 00.20 02 >20 . m>.0 0022> 0.04.20COI m?m?wmm AVI LA: MYERS: MADRID MYERS: AVILA: MYERS: STRANGLED HER YOURSELF OR SAT BACK AND WATCHED SOMEONE ELSE DO IT. THE CHARGE IS THE SAME. SO NOT REALLY SAVING ANY FACE BY BRINGING IN SOME IMAGINARY PERSON TO MAKE YOURSELF FEEL BETTER OR JUST BE ABLE COPE BETTER. REALLY ALL YOU DO IS MAKE YOURSELF LOOK WORSE. I MEAN RIGHT HERE. AT THE POINT WHERE YOU CAN TAKE FULL RESPONSIBILITY AND. ..AND DO A GOOD THING AND FOR WHATEVER REASON, JUST NOT OVER THAT HUMP. BUT WE NEED YOU TO GET OVER THAT HUMP. BECAUSE RIGHT NOW, JUST MAKING YOURSELF LOOK WORSE. AND OUR WHOLE REASON FOR COMING UP HERE WAS TO TRY TO HELP YOU. COME FROM A TRUTHFUL POSITION. WHAT WE NEED FROM YOU. GONNA MAKE THIS FOR YOU, TALKING TO FOR YOU. YOUR FUTURE HEALTH AND YOU KNOW. HIDING BEHIND THIS IMAGINARY NOT GONNA DO ANY GOOD FOR YOU. AT ALL. IN ANY WAY, SHAPE OR FORM. THE TRUTH IS GONNA HELP YOU. THE TRUTH IS GONNA MAKE YOU FEEL BETTER. THE TRUTH IS GOING TO ALLOW YOU TO GET OVER THIS HUMP. I MEAN IT. YOU GET ONE SHOT. WASTE YOUR. WASTE YOUR CHANCE. YOU KNOW WHAT GIVE US A TRUTHFUL STATEMENT. TAKE THIS OPPORTUNITY. HOW GOOD IS THIS OPPORTUNITY. THE BEST YOU GOT. THE ONLY CHANCE GONNA HAVE TO TALK TO us. THE BEST CHANCE YOU GOT TO GET YOUR WORDS OUT THERE. TO GET YOUR SIDE OUT THERE. TO SHOW US NOT A MONSTER. JUST-- I KNOW HARD, MAN. I FUCKEN KNOW HARD. YOU THINK SAT ACROSS FROM PEOPLE THAT WERE IN THIS EXACT SAME THE REASON I FEEL LUCKY NOW, IS LIKE I TOLD YOU EARLIER, GONE THROUGH SOME THINGS OVER THE LAST FEW MONTHS THAT ALLOWS ME TO SIT HERE IN A NON-JUDGMENTAL POSITION. (INAUDIBLE) A HUNDRED PERCENT HONEST. THREE MONTHS AGO, BE HERE. I WOULD HAVE SAID I GIVE A DAMN WHAT THAT GUY HAS TO SAY. THROW THE BOOK AT HIM BECAUSE WE THE 231 6587 GABRIEL AVILA (STATEOZQ) - 47 - 53:553.? .LV 9NIH90V1 .LON J.ON NVEIIN I I '38 NVO J.I .LVHJ EHEH W023i .LSEIS EHJ. J.l EDIVIN CINV SIH.L 1OHJ.NOO EDIVJ. O.L HOOA NI HWIJ. .LSEIH EHJ. 80:3 .LHOIEI 1OEJJNOO 3H.L 11V EIAVH NEAT-J .LI EDIVIN GNV ONIGIH CINV ONINNOEI NVO DOA HO 318IBEOH :10 i338 EHJ EDIVW NVO DOA NVEIIN J.I ESNVHO VNNOO SI J.I BONVHO VNNOO SI SIHJ. EIAVH TILLS EAVH 11LLS 800A ONIMOHHJ AVS SSHVOEIS MEIN 8V J.I .LV M001 NVO 80 AVM .LVHJ. .I.I J.V M001 NVO DOA AVMV NMOEIHJ AW 8 SIHJ. OEIJOIANOO .LBO I FIOA I NVEIIN .LONNVO ?Oi I EIHIIOA 3808 EDIVIN 11IM 3M CI10.L G1OJ. I HEIHJONV S.J.VH.L 113M aanm MONM I NI aw 30:! Gaavos .Lsnr 'va ?AJINnithddO SIHJ M018 03 ll I AW .450 .LI J39 O.L SNIAHL wsaa .LSEIHO 800A .LI .LEIO O.L .LNVM MONM I .LNVM MONM I EHBHJ JHOIH 38 3H.L 115?. JVHM A1.LOVXEI SH 1131 NVIN ONIAIO 38 3M 3H1. .LXEIN HJNOW .LI OJ. FIOA .LNVM .LNOCI I GNV .LI M018 OJ. .LNVM J..NOCI I J.VH.L MOHHJ OJ. FIOA .LNVM .L.NOG I CINV 3H1. EDIVJ. CINV EHJ. 113.]. OJ. NV DOA 3N9 CINV MON .LHEJIH NI 3H.L 338 0.1. SNIAEIJ. (620313119) 1EIHHV9 1.859 H2 ISHHAW 5V1IAV 3V1IAV 3383AW 1V1IAV ISHEAIN 3V1IAV 5V1IAV ZSHEIAW 617 (SZOELVLS) 13l88V9 1.9991422 $553 $ng 3M 3M 2:10;! HOHVBS ON GEEIN LNCHO 3M 3HJ. CEJZEJS 3M 3H.L JHODOEI OHM NMOCI OJ. 318V 383M 3M 0108 N338 GVH MODEM. HOHVSS GIG 3M (LAWO 109 SM NMONMND OJ. W083 HSVEVJVO WVNOILVN OJNI 3309 SNIHLAHEAE 3N9 OJ. GVH DOA OJ. .LNSM DOA NHHM 192:?:1 VNCI 3H1 109 SM ATSDOIAQO .LNEJM EIM 3M MOH dD DOA TELL VNNOE) 0813M TEIJ. TIIM NO .LOE) 3M aosv MOH NVEIW raw wow emu .LVHJ. .LSE) DOA GIG (3191mm!) DOA MSV .Lsnr 3w J37 7 HDOA .Ll i353 iSDf? TELL TIV TIV DOA ZAVMO GVH I SNIHLABBAS ESWE SD TIE-U. iSDf? .LHSIH J.VH.L HAVH DOA GNV BAIJVOEJN NVHJ. 85!le HDO Ni SVM 3H CINV ?.Ll 3H 80:1 M001. MOOJ. 3H DOA .LDS 'dD M3808 3H GIG 0V8 3H.L EDWIN 3H CH0 'dD ADE) DOA OJ. WEIHJ. JNVM DOA BO 3H GNV NW JSDF OVG DOA ?iVHl NOIJON EHJ. HJJM dD M089 OJ. HDOA .LNVM J..NOG DOA HDOA HEIGWEIWEH VJJOS TILLS DOA 80:! 1.838 JJ EDWIN 1 BMW 'Sl MON EAVH DOA EHJ. OS S..LI 3H1 NaddVH VNNOO 38V ONV SNINNDH c133)! NVO DOA E10 38 NVO J.l .LVHJ. 3181380d .LSI-EIEI 3H1 JJ SMVW GNV 09 GNV NOISIOEICI EDWIN NVO DOA HWLL SIHL WOEH EAVH DOA EHEHM HDOA NI SEIWIJ. NEH 3H1 :10 ENG OIVS 3N0 .LVH.L EIAVH DOA 00 OJ. EAVH DOA ..LVHM .LDE I 3SHEJAW IVTIAV ZSHBAW ala'avw mmv. 3SHEIAW 3V1 ZSHEAW AVILA: MYERS: AVILA: MYERS: MYERS: AVILA: MYERS: AVILA: MYERS: AVILA: MYERS: AVI LA: MYERS: 231 6587 GABRIEL AVILA (STATEOZQ) EXECUTED THE SEARCH WARRANT AT YOUR HOUSE. WE FOUND THE RING. YOUR WIFE HAD IT IN HER JEWELRY BOX. WHAT HAPPENED WAS, I GUESS BACK IN APRIL WHEN YOU TOOK IT TIME, WHENEVER YOU TOOK OFF. WHENEVER YOU RENTED THE FORD TAURUS AND TOOK OFF. YOU (INAUDIBLE) THE TOLD THEM CALL SOMEONE (INAUDIBLE) THAT DID THE TRUCK. THAT RING WAS IN THE ASHTRAY OF THAT TRUCK UNDER A BUNCH OF CRAP. 30 IT IN MY NO, NO. SHE TOOK IT. WHEN THEY CLEANED OUT THE TRUCK, THEY FOUND IT. SHE TOOK IT AND KEPT IT ALL THIS TIME. SHE WAS GONNA SELL IT FOR CASH AND JUST NEVER GOT AROUND TO IT. SO WE WERE FIND THE RING. IT MAKE SENSE TO ME NOW- OKAY.- ALRIGHT, BECAUSE I NEVER TOOK IT TO THE HOUSE. I-- RIGHT, NO, . --IT JUST THREW ME OFF. HOW BAD IS ALL I STILL I mi MADE UP MY MIND. I MADE UP MY MIND. I CANNOT GO WORSE THAN IT IS ALREADY. RIGHT. AND GONNA TELL YOU THE IN THE SAME POSITION WHEN WE FIRST GOT HER. UNTIL WE KNOW HOW IT PLAYED OUT, WE TELL YOU. SORRY I MADE YOU LOST ALL THIS TIME. KNOW YOU GUYS ARE INVESTIGATING. AND LIKE YOU SAID I CANNOT MAKE IT ANY WORSE. I RIGHT. EXACTLY. WHAT YOU CAN DO BY TELLING THE TRUTH, IS MAKE IT BETTER, 5 MADRID MYERS: AVILA: MYERS: AVILA: MADRID AVILA: MYERS: AVILA: MYERS: AVILA: 231 6587 GABRIEL AVILA (STATEOZQ) EXACTLY. AND WHY WE NEED TO HEAR THE TRUTH. AND I GIVE YOU MY WORD, BUT WE GET DONE, I WILL TELL YOU EXACTLY PROBABLY WHAT LOOKING AT. I JUST DO THAT WITHOUT KNOWING WHAT HAPPENED. RIGHT. OKAY, MAN. JUST GET IT OFF YOUR CHEST. WAS AT THAT NIGHT I WENT TO I MET THIS GUY (INAUDIBLE) ANOTHER GUY. HE HAD SOME COKE. I FOLLOWED HIM. (INAUDIBLE) HE VANISHED. HE I NEVER SEEN HIM AGAIN. AND I WAS HIGH. NOT TRYING EXCUSE MYSELF. I HAD MANY CHANCES TO COME FORWARD. I TELL YOU HOW MANY CHANGES TO COME FORWARD AND I LIKE YOU SAY, I LOOK IN THE MIRROR EVERY DAY AND KNOW I GOTTA SAY SOMETHING. AND I KNOW THAT (INAUDIBLE) PRETTY MUCH THE REST OF MY LIFE IN PRISON. MAYBE BECAUSE WAITING THIS LONG IS GONNA MAKE IT LONGER, I KNOW. NO. I A LOT OF TIMES, (INAUDIBLE). I FIND OUT SHE WAS AN ONLY CHILD AND THAT WAS (INAUDIBLE). I MEAN I IMAGINE THE PAIN THAT THE PARENTS ARE GOING THROUGH BECAUSE (INAUDIBLE). THIS GUYI MET, I FOLLOWED TOLD HIM TO STOP RIGHT THERE ON MOUNTAIN VIEW. I THOUGHT IT WAS TOO (INAUDIBLE) RIGHT. AND SO HE JUST WENT AHEAD. HE WENT IN AND GOT OUT. I WENT TO PIC QUIK AND THAT WAS IT. (INAUDIBLE) JUST WAS A LITTLE DRUG TRANSACTION I GUESS. THEN I STAYED THERE. I STAYED OUTSIDE THE HOUSE FOR QUITE A WHILE BUMPING TO THE RADIO. AND I SEEN THAT GONNA BE A PROBLEMS THAT I DROVE UP WITH THAT GUY OR WHATEVER. AND I DECIDED TO GO HOME. AND THE BEGINNING I ALMOST MEAN I ALMOST RAN HER OVER. BUT NOT BECAUSE I PAYING ATTENTION. BUT If: WE: 5? -51.. REMEMBER SHE WAS VERY DRUNK. AND WALKING IN THE STREET. AND I STOPPED. AND SHE KIND OF LIKE (INAUDIBLE) SOMEWHERE (INAUDIBLE) AND I YELLED AT HER YOU NEED AND SHE ANSWER. AND I ASKED AGAIN YOU NEED AND SHE WAS LIKE ACTUALLY I LIVE A COUPLE OF BLOCKS DOWN I TOLD HER CAN GIVE YOU A RIDE. I CAN GIVE YOU A SHE TOLD ME NO I SAID SO SHE STARTED WALKING AWAY. AND I GOT BACK IN THE TRUCK AND I TURNED AROUND AND I FOLLOWED HER. AND THEN WAS LIKE A LITTLE WATER DRAIN WHERE LIKE I GUESS WHERE THE WATER GOES THROUGH WHENEVER IT RAINS I GUESS-- MYERS: RIGHT. AVILA: --AND I STOPPED. .BY THIS TIME SHE. .SHE WAS ALREADY WALKING (INAUDIBLE). I KNOW, I WAS JUST LOOKING AT HER WHEN I.. .WHEN I WAS DRIVING. ANYWAYS, I STOPPED. TOOK A PISS. AND I GOT BACK IN THE TRUCK. I SAID GOING HOME. I JUST SAID I WAS GOING HOME. THEN I WAS DRIVING ON A STREET AND I SAW HER AGAIN. I SAW HER AT HER HOUSE. AND THEN I - STOPPED AND I ASKED HER IF SHE NEEDED HELP. AND SHE GOES GET INTO MY HOUSE.- I HAVE MY PURSE AND I WANT TO WAKE FRIEND OR SOMETHING LIKE THAT. SAID HELP AND SHE GOES JUST HELP ME OPEN THAT I KNOW IF SHE SAID THAT WAS HER ROOM OR IF SHE COULD GO THROUGH THERE KNOW. I REMEMBER EXACTLY. AND ALL OF A SUDDEN I JUST (INAUDIBLE) AND I HELD HER LIKE FROM THE FRONTSAID SHE SAID ARE YOU AND SHE CHARGED ME A LITTLE BIT AND I CHARGED HER BACK AND I FELL ON TOP OF HER. AND THEN .SINCE SHE WAS DRUNK, I WAS THINKING (INAUDIBLE) AND THEN UH. .JUST LIKE YOU SAID, SHE PUT UP A LITTLE BIT OF. .A LITTLE BIT OF A FIGHT. AND THEN WHEN I JUST (INAUDIBLE) FOR SOME REASON I DECIDED WAS GONNA STRANGLE HER. AND I DID. MYERS: HOW DID YOU DO AVILA: I WAS STILL ON TOP OF HER AND (INAUDIBLE) RIGHT HERE. MYERS: SORRY. AVILA: AND THEN I RAISED MY HAND (INAUDIBLE) THEN ALL OF A SUDDEN SHE KEEPS RESISTING (INAUDIBLE). I MEAN WHEN I WAS.. .WHEN I Tag {ngfI I If; gaff 3.5 2316587 GABRIEL AVILA (STATEOZQ) - 52 - MYERS: AVILA: MYERS: AVILA: MYERS: AVILA: AVILA: MYERS: AVILA: MYERS: NWLN MYERS: AVILA: MYERS: AVILA: 2316587 GABRIEL AVILA (STATEOZQ) HAD MY HANDS AROUND HER, I MEAN I KNOW. I LOCKED. OKAY. DOING FINE. ml LOCKED AND I LET GO. (INAUDIBLE) I LET GO. AND THEN ALL OF A SUDDEN SHE JUST BREATHING OR ANYTHING. I KNOW WHAT TO DO. WHAT DID YOU DO I CARRIED HER TO MY TRUCK. DID YOU CARRY (INAUDIBLE) I KNOW IF I SHOULD JUST TAKEN HER TO THE HOSPITAL OR (INAUDIBLE) I MEAN I EVEN TRIED REVIVE HER. I KNOW WHERE TRIED TO BLOW IN HER. I KNOW HOW To DO IN HER MOUTH AND PUSH ON HER CHEST. AND I DID THAT A COUPLE OF TIMES (INAUDIBLE) THAT WAS BEFORE I PICKED HER UP. AND AT THAT TIME, I KNOW WHAT TO Do. I KNOW (INAUDIBLE) OKAY. DOING JUST FINE.- WHAT HAPPENED STILL MOUTH TO MOUTH. (INAUDIBLE) RIGHT THERE IN FRONT OF THE (NO ANSWER HEARD) WHERE EXACTLY DID YOU PUT I PUT HER IN THE FRONT SEAT FIRST. AND I TOOK HER RING. CAN YOU DESCRIBE THE RING (INAUDIBLE) (INAUDIBLE) ACTUALLY I HAVE (INAUDIBLE) ABOUT HOW IT LOOKED. OKAY, DID YOU TAKE ANYTHING ELSE FROM (INAUDIBLE) AND I WAS I START DRIVING AND SHE KIND OF WENT FORWARD AND (INAUDIBLE) THE SEAT BELT (INAUDIBLE) AND I I WAS SO HIGH. YOU KNOW, SO I WAS GONNA PUT HER IN THE BACK IN THE TRUCK. SO I GOT OFF (ETTA @5533?? -53. ~v9' Ma?a- jar: A m?i?m? "?aw HO EIHOJEIG EIEIH NEE-(Gav-Em HSNISNV 0N) EIEI .LVHJ. TIINI dn EAVH VNNOE) 383M GIG GOA .LNEIM GNV EAOHG I (LU OJ. EISG GOA GIG .LVHM NO .I.I I EEIH 2:!0 .I..NOG HEIH HEIGINEIWEIEI LNOG I O.L .I.I 0G GIG (LOG GOA GIG GNV 'GNnoav .Lsnr Mona; 3H1. :30 3H1. NI 10H001v do 5mm (malanvw) Honw .ua 311.141 CIVH I 0G GOA GIG MOH NO 83H J?d O.L EIIN SNIHJBWOS GNV .LVHJ. .LV 318008.]. NI OS SVM I MONM I GNV EIHJ. GBLEIVLS I DNINEIG I I GNV NEIIA GNIHEIE .LNEM NEIHJ. GNV 3H1. EHJ. NI HEIH ind I LNOG I SVNI I ESHVO, OS .LI GNV .LOE) GNV .LNEIM I GNV HVEIE) NI (318IGGVNI) OS NI .LI ind LNGIG I ESGVOEIS SNIOO 3H1. GNV HOOG 3H1. I GNV 3H1. WOEH ama?N?b'a hm (no (GZOELVLS) 1.8991452 BEL-JAIN 3V1 IAV AVILA: MYERS: AVILA: MYERS: AVEA: MYERS: AVILA: MADRID AVILA: MYERS: AND FROM WHAT I LEARNED ON THE TV AND ON THE PAPER, I GUESS SHE WAS AT ANOTHER PARTY. AND THEN SHE DECIDED TO TAKE OFF. BUT YOUR MEETING HER THERE, THAT WAS A JUST A CHANCE-- THAT WAS A VERY (INAUDIBLE) WHEN YOU WENT OVER YOU ASKED HER IF SHE NEEDED HELP TO GET INTO HER HOUSE, WHEN SHE WAS ACTUALLY AT HER HOUSE, HAD YOU ALREADY INTENDED AT THAT POINT TO HAVE SEX WITH NO. NO BECAUSE I HAD SAW HER AND I OFFERED HER HELP BECAUSE WAS ALMOST GONNA RUN HER OVER. SHE TALKED TO ME. SHE SAID JUST GONNA I STARTED FOLLOWING HER. BUT NOT BECAUSE I WANTED TO RAPE HER. BUT FOR SOME REASON I WANTED HER TO BE SAFE. BECAUSE I WAS GONNA RUN OVER HER. AND BEFORE HER HOUSE WHEN I STOPPED TO TAKE A PISS, YOU KNOW, SHE KEPT ON WALKING. I WANTED (INAUDIBLE) BE WITH ME: I GOT BACK IN THE TRUCK. AND WHEN I WAS DRIVING, SHE WAS COMING BACK FROM THE FRONT - DOOR. AND I STOPPED REAL QUICK AND I TOLD HER YOU NEED WAS LIKE OF. I FORGOT MY PURSE. I HAVE MY KEYS. AND MY FRIEND IS AND I SAID JUST WAKE HER SHE GOES HER PARENTS ARE AND SO (INAUDIBLE) NOW WHEN YOU SAY YOU BLACKED OUT, WHAT DO YOU MEAN BY I KNOW WHY HELD HER. I KNOW. I HELD LIKE ARE YOU AND SHE THEN I PUSHED HER BACK AND SHE FELL OVER. I KNOW, I THINKING WHAT I WAS GONNA DO. I REACTING TO WHAT I WAS DOING. YOU KNOW, IF IT WAS RIGHT OR WRONG. THINGS JUST WHAT (INAUDIBLE) NOW EARLIER YOU SAID YOU TOOK ADVANTAGE OF HER AND SORRY BUT I NEED TO ASK YOU EXPLICITLY EXACTLY WHAT YOU DID TO HER. 4 anti:- :5 C5 :3 . Egg? 533g agi?g ,r 2316587 GABRIEL AVILA (STATEOZQ) - 55 - ?4m?N3 . .N>.um0 1mm. 0.0 <00 1m.? 031w 02 4.0.U 0.H Imm >20 2.20 A.2>00.w..m. Imm 02> 00. >20 mIm 22>00.w..m. >20 mIm gm 02.:00 <00 02m. 0024 x292 =u . mic. I>20 . .M>.um0 1m.? >20 >20 . . mI00.u0 00 00.02 >20 2:20 . [Km . m20 . 0:02.20 Im?. . 20<< <2 220<< m0020m gm <00 0.0. . 00:00 1m.? >20 7.2m >20 . 1mm. 0.u Im.? 000< 0.0 <00 Imm >20 Imm 0.92. <00 1m.? >20m <00 <