Eva Daley Found Guilty
Posted by shadmia on October 7, 2008
Eva Daley, 31, was found guilty of second-degree murder along with 17-year-old Heriberto Garcia. The pair were originally charged with first-degree murder in the stabbing death of 13-year-old Jose Cano. The 11-woman, 1-man jury deliberated for 2 1/2 days before agreeing on the second-degree murder conviction. Both Daley and Garcia face a maximum sentence of 15 years to life. Daley will be sentenced on Nov. 4th while Garcia will learn his fate on Oct. 28th.
Eva Daley, a single mother of three children who said she had worked many jobs – including at a cleaning business and selling Avon products – to support her family, was accused of driving her son Mauricio Rivera, who was 14 at the time, and his six of his friends to the 14th Street Park, Long Beach, Ca. where the teens found and stabbed 13-year-old Jose Cano to death on June 25th 2007. According to the prosecution it was an act of revenge because the victim’s gang had attacked Daley’s home earlier that day with roadside flares, disrespecting her. See the full details of the stabbing death here and the subsequent trial here.
Mauricio Rivera and his four friends: Juan Bautista, Carlos Jimenez, Edwin Moran and Jakkia Ross plead guilty to manslaughter earlier this year in juvenile court. Another friend, Alejandro Flores, is scheduled to plead guilty to manslaughter. They were all between 14 and 17 at the time of the murder and will all likely be held in the California Department of Corrections Juvenile Justice Division, formerly the California Youth Authority, until their 26th birthdays, the maximum sentence possible.
Heriberto Garcia, who was 15 at the time, was the only teen to be tried as an adult. Police and prosecutors identified him as the one who did the actual stabbing of Jose Cano. He was tried jointly on the murder charge with Eva Daley.
Extra security was brought into the court for both her verdict and Garcia’s verdict reading, which took place about two hours before Daley’s.
Daley did not cry, although her hands shook and she looked pale and grim when she glanced back at her boyfriend and brother, the only members of her family to attend the verdict reading.
Garcia had no family in court, although Daley’s brother did come into the courtroom after his guilty verdict was read.
The 17-year-old seemed calm, and simply nodded to Daley’s brother before loping out of the courtroom, his hands cuffed behind his back.
The pair had faced the possibility of first degree murder – which would have carried a 25 year to life term – but the Deputy District Attorney John Lonergan said he was confident the jury carefully considered all the evidence and came back with the right decision.
“This was a tough case, a very emotional case, with a mother of three charged with murder…,” Lonergan said.