Tuesday, July 19, 2011

El Mirage, AZ: El Mirage man sentenced to 10 years for killing girlfriend

El Mirage resident used closet to hide her body

by D.S. Woodfill - Jul. 16, 2011 12:00 AM
The Arizona Republic

An El Mirage man who killed his girlfriend and stashed her body in a closet was punched in the face by the victim's son in court on Friday and later sentenced to a decade in prison.

Maricopa County Superior Court officials said Arturo Hernandez Jr.was hit just before his sentencing hearing for the slaying of 29-year-old Rachel Rodriguez. Hernandez is already serving a 13-year sentence for vehicular manslaughter in 2005, the same year as the murder.

The stormy sentencing marked the end of a 6-year-old cold case, one of numerous investigations El Mirage police said the Maricopa County Sheriff's Office mishandled when it had jurisdiction over the city.


Jerry Cobb, a spokesman for the Maricopa County Attorney's Office, said Rodriguez's grieving 17-year-old son attacked Hernandez just before the hearing was scheduled to start.

Cobb said the boy lunged at Hernandez and "sucker-punched him while he was in restraints." Another family member grabbed his shirt and pulled the boy away.

Hernandez, who was not seriously injured, told authorities he did not want to press assault charges.

Judge Samuel Thumma started the hearing about an hour later, with several sheriff's deputies posted in the courtroom. The judge warned family members to keep their cool.

Rodriguez's family members testified about their grief and expressed frustration that Hernandez would not receive more than 10 years in prison under a plea to second-degree murder.

"It's been six years and we're finally seeing justice, (but) not enough," said Rodriguez's sister Diane Soza, who held up a picture of Rodriguez and her three children.

Rodriguez's other sister, Irene Soza, sobbed and expressed anger at Hernandez.

"Honestly, from the bottom of my heart, I hate him," she said. "I hope he rots in prison and never sees the light of day."

Hernandez's family, who did not testify at the hearing, declined comment. Hernandez, who spoke so quietly he was often inaudible, expressed sorrow to Rodriguez's family and said he took "100 percent" responsibility for the crime.

As he was led out of the courtroom in handcuffs, Hernandez turned to his family and mouthed "I love you" several times and blew a kiss.

Rodriguez was killed during a tumultuous period for El Mirage law enforcement. Just weeks after her death, an outside review declared the northwest Valley police force incompetent, and the Sheriff's Office temporarily took over in October 2005.

Two years later, retired Phoenix police veterans were hired to rebuild the department.

They found paperwork on the Rodriguez case among dozens of other incomplete investigations that were never presented to prosecutors.

Detective Sgt. Dave Wilson, one of the El Mirage Police Department investigators who helped review the sheriff's investigation, said Hernandez could have been charged years ago had the investigation been conducted thoroughly and submitted to prosecutors.

Sgt. Jesse Spurgin, a sheriff's spokesman, said in an e-mail Friday that the Rodriguez murder occurred prior to the Sheriff's Office assuming control of the El Mirage Police Department.

"We are quite happy with the outcome of this case," he said.

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