Glasgow Daily Times, Glasgow, KY

Local News

November 24, 2009

Suspects make court appearance

Death penalty could be an option

GLASGOW — The death penalty could be sought against at least one of the men accused of being involved in the killing of three Hispanic men whose bodies were found Sunday in a field just outside of Cave City.

Karen Davis, commonwealth’s attorney for Barren County, said the necessary aggravating factors exist that Miguel A. Velazquez, 20, of Cave City, could face death for his role in the alleged murder of three unidentified men. Velazquez is charged with three counts of murder and tampering with physical evidence.

The other suspect, Marcos Bautista, 18, of Cave City, may be eligible for the death penalty, she said. Bautista is charged with complicity to murder, tampering with physical evidence and possession of marijuana.

“We’ve had two death penalty cases in Barren County, but not one involving someone with a complicity charge,” Davis said.

Typically complicity carries the same penalty as committing the act, but in this case more research is necessary, she said.

The aggravating factors are multiple deaths and possible robbery, Davis said.

“Both men in their confessions to police admitted stealing items from the victims,” she said.

Velazquez and Bautista made their initial court appearance Monday in Barren District Court. They are scheduled to appear for a preliminary hearing next Monday.

At some point early Monday Velazquez and Bautista each spoke with Kentucky State Police and admitted to their roles in the deaths of the men, Davis said.

“(Velazquez) provided information that helped police to locate the murder weapons,” she said.

The information they have provided has also been consistent with the evidence that was found at the scene.

At this point, Velazquez is being represented by Sandy Leitao and Bautista’s attorney is Cole Adams. Both are public defenders from the Glasgow office of the Kentucky Department of Public Advocacy.

During Monday’s hearing Adams made a motion to dismiss the charges because KSP had not provided enough information in the citation.

District Court Judge John Alexander stated that was not enough information to dismiss the case.

The rule regarding information on the citation is designed to ensure that defendants are not appearing for hearings in which they do not know with what crime they are being charged, he said. In this case, based on the statements of Davis about both men’s comments, both these defendants understand the charges against them.

During the hearing, Alexander used a translator to carefully go through the rights of the defendants.

The bodies of the three Hispanic males were found by two hunters in a field in the 9100 block of Happy Valley Road, said Trooper Charles Swiney from Kentucky State Police in Bowling Green. The case remains under investigation.

The three bodies were in a thicket of trees and brush by a pond on the property, Davis said.

“They were somewhat hidden,” she said. “They wouldn’t have been readily apparent if you walked onto the property.” 

At least two of the victims were killed elsewhere and then brought to the pond, Davis said.

“Based on the statements the two men made there was at least some thought before the act, but I don’t know how much time occurred between the thought and the action,” she said.

It’s possible that robbery was a motive because items were taken from the victims, but a clear motive is not known at this time, Davis said.

The Kentucky Medical Examiner’s Office is still working to identify the three bodies found at the scene, she said.

Identification is being made more difficult by both the decomposition of the bodies and lack of documentation for the three men. The three victims, Velazquez and Bautista are all believed to be in the U.S. illegally, Davis said.

The autopsies of the three men have been completed, but the results have not be returned, Swiney said.

It remains unknown how long the bodies where in the field, Davis said. KSP are working to come up with a timeline for all five individuals involved on about why they were in the area, what they had been doing and where they had previously lived.

Davis requested Velazquez and Bautista be held without bond because they could face the death penalty.

Alexander granted the request, but added that Leitao and Adams would have the opportunity to file bond motions prior to the Monday hearing. If probable cause is found at the preliminary hearing, then this case will move forward to a Barren County grand jury. If the grand jury indicts, then the case would go to Barren Circuit Court.

At this point Velazquez and Bautista are expected to be the only persons charged, Davis said.

Barren County Sheriff’s Deputy and acting jailer Matt Mutter said in reviewing Velazquez he has at least two or three tattoos that are considered to be gang-related.

Davis said during the hearing that she didn’t know if the murder might have had anything to do with gangs, but reiterated that the backgrounds of everyone involved are being investigated.

Following the hearing Leitao and Adams declined to comment.

Velazquez and Bautista are being held without bond at the Barren County Correction Center.

Mutter said even if Velazquez and Bautista had been given bond they could not have been released because U.S. Immigration and Customs Enforcement had placed holds on the two men.

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