DA Seeks Death in Child Murder Case; Trial Tentatively Planned for Early 2016

Isidro Miguel Delacruz, Jr. looked up and smiled when he realized cameras were trained on him as he exited the Tom Green County Courthouse Friday for a second pre-trial hearing.

The 24-year-old is facing the death penalty for the brutal murder of 5-year-old Naiya Villegas on Sept. 2, when he broke into his ex-girlfriend’s home around 3 a.m. and slit the child’s throat.

Three defense counselors and three attorneys for the state were present in the Judge Woodward’s 119^th District Court Friday, when Delacruz entered in chains, clean shaven, hair pulled back in a ponytail, an air of indifference about him.

The hearing was set to discuss establishing a timeline for investigation, submitting evidence to the crime lab, and to project a date for the trial, which is estimated to last six to eight weeks.

District Attorney Allison Palmer relayed in court that her case could be ready within a matter of a few months, but accurately estimated the defense would need more time to prepare, particularly for the punishment phase.

Although Judge Woodward explained he would like to see the trial begin in the fall of 2015, defense counsel was wary of the short time span, asking instead for up to 18 months to complete their investigations and preferring to shoot for a trial in February or March of 2016.

Because the death penalty is being sought in the case, any and all evidence containing biological material (blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids, or any other identifiable biological material) must be tested by a crime lab.

Palmer stated that the state has already sent several items of evidence to the Texas Department of Public Safety Crime Lab in Lubbock for analysis, and wished to set a deadline for the defense to have all evidence sent off as well, due to the lengthy process and delays involved.

As of yet, defense counsel stated, they have not been able to access the files for the case electronically, and believe it could take up to three months before a comprehensive list of the necessary evidence could be compiled and a deadline could be set.

The attorneys agreed to meet and confer with one another and attempt to reach a decision regarding the deadline by Feb. 27. Should no agreement be met, Judge Woodward will intervene.

After the hearing, two women stood and held each other as one wept quietly. Wearing a purple T-shirt with Villegas' picture emblazoned on the front, the second woman looked up at Palmer in passing and quietly whispered "thank you". Family of the defendant was also present at the hearing.

Delacruz was indicted by a Tom Green County grand jury in November for capital murder of a child under 10 years of age, just two months after he entered ex-girlfriend Tanya Bermea's home through a window and slit her 5-year-old daughter’s throat.

Just six days prior, Delacruz had been an inmate at the Tom Green County Jail, where he was sitting on a charge of motion to revoke probation for criminal mischief resulting in $1,500 to $20k in damage, as well an assault family violence impeding breath/circulation charge from an incident during which he is accused of beating and strangling To\anya Bermea.

On Aug. 14, Delacruz’s attorney in the assault case filed a writ of habeas corpus seeking a bond reduction, stating that his internment in the county jail was illegal due to the $15,000 bond on the cases being excessive and beyond his financial means.

Following a bond hearing on Aug. 27, Judge Woodward reduced Delacruz’s bond to $10,000 each for both cases, adding the requirements that Delacruz was to have no contact with Tanya Bermea, he was prohibited from possessing or consuming alcohol and he was to reside with his mother and report to his probation officer as directed.

It only took six days for him to violate these terms and enter Bermea’s residence through a window the night he took her daughter’s life.

On Nov. 13, District Attorney Allison Palmer filed a notice of intent to seek the death penalty, however she stated she could not speak to how she reached the decision until the conclusion of the trial.

The trial will either take place near the end of 2015 or in the first quarter of 2016. No further hearings have yet been scheduled. 

Court documents indicate Delacruz is being represented by Jack Stoffregen as well as two additional defense attorneys, while Allison Palmer is leading the prosecution with assistance from John Best and Meagan White.