Prosecutors seek to increase Fabian Gonzales’ sentence if convicted

The man once accused of raping and murdering Victoria Martens might be facing more time behind bars if prosecutors get what they want.

Fabian Gonzales saw a judge Monday in a motion to request a new attorney, but his new attorney isn’t happy about the way prosecutors are coming after him.

Even though the District Attorney dropped the murder and rape charges in June, they’re still not going to let him off the case that easily.

They’re trying to increase his time behind bars. District Attorney Raul Torrez told KRQE News 13 back in July, he still believes Gonzales is guilty of leaving the child in the care of Jessica Kelley.

On Friday, prosecutors filed a notice asking to increase Gonzales’ time behind bars if convicted. The notice says the brutality in Victoria’s death is appropriate in keeping Gonzales locked up for longer.

The DA’s office says Gonzales purposefully left Victoria in the care of his cousin, Jessica Kelley, who is a convicted rapist and drug dealer. That would lead to her death.

It states that Gonzales was also involved in dismembering Victoria’s body and trying to get rid of it.

While Monday’s hearing was not about the state’s request to tack on extra time for Gonzales, Judge Charles Brown did seem disappointed about how long this case has been dragged out.

“We’re less than six weeks away from trial. The case has been pending for what, two years now? For what seems like a lifetime,” he said.

Victoria’s grandparents did attend the hearing Monday. Gonzales’ request for a new attorney was granted. Shortly after that, the couple stormed out of the court room.

Gonzales’ new attorney, Stephen Aarons, says he doesn’t believe the state’s notice is fair. He says there should be a fair trial before the discussion on sentencing even starts.

A spokesperson for the District Attorney’s Office says they will file a more detailed notice sometime this week, explaining why they believe he deserves more time behind bars.
 

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