The man charged with the Garlic Capital’s third murder of 2013 – the Christmas Day homicide of a 21-year-old Gilroy woman who had a restraining order against her alleged attacker – is expected to submit a plea March 11 after his hearing was continued Tuesday afternoon.
Ernesto Rodriguez, 21 of Gilroy, appeared in Morgan Hill’s South County Courthouse with his head shaved and stubble on his face wearing prison-issued garb, when Judge Jerome Nadler continued the case.
“It’s very early on in the case and at this point we’re still gathering discovery and getting things to the defense counsel,” said Deputy District Attorney Carolyn Powell. “That’s why it was continued – for all of the discovery to be provided.”
On Dec. 30, Rodriguez was formally charged with one count of homicide for his alleged involvement in the death of Alma Roque Ortega, who police say was his ex-girlfriend. If convicted, Rodriguez faces 25 years to life in prison.
According to police, Rodriguez was also arrested in 2012 for assaulting Ortega.
At approximately 5:38 p.m. Christmas Day, the Gilroy Police Department responded to a call from the 8100 block of Kelton Drive about an injured person inside an apartment – called in by Rodriguez’s mother and father, court records show. Rodriguez’s family, upon returning from a trip to visit relatives on Christmas Eve, reported the young man missing. The family also noticed broken glass littering their living room floor.
Officers found Ortega’s body inside the bedroom Rodriguez shared with a family member, and the victim was pronounced dead at the scene, according to court records.
Following an autopsy by Dr. Matrina Schmidt, a medical examiner with the Santa Clara County Medical Examiner-Coroner’s Office, Ortega died from blunt force trauma to the head and multiple stab wounds to the neck. Ortega had materials under her nails “consistent with the act of scratching in self defense,” according to Bolton’s statement of facts.
“It appeared, based upon my training and experience, the suspect attempted to clean the crime scene,” Bolton also pointed out.
Rodriguez was convicted of misdemeanor for his assault against Ortega in November 2012 when he attacked her with a box cutter, according to court records. Three months later, Ortega was granted a criminal protective order through San Benito County, which protected her from being contacted by Rodriguez.
A little more than a year later, on July 3, 2013, the GPD responded to a disturbance when a caller said Rodriguez “was barking in the street” and announced “he was going to kill his ex-girlfriend,” according to a statement of facts prepared by GPD Detective Michael Bolton.
Rodriguez was apprehended at 8:22 a.m. Dec. 26, after he was located by police less than 200 feet from the scene of the crime on the same 8100 block of Kelton Drive.
According to Bolton’s statement, Rodriguez had numerous scratches to his face and arms at the time he was apprehended.
The murder suspect’s plea hearing is scheduled to take place at 1:30 p.m. March 11 in the South County Courthouse in Morgan Hill.
Despite the upcoming court date, Powell said she is doubtful the discovery process will be complete by the scheduled plea hearing – a process that involves sending documents to Barney Berkowitz, the deputy public defender representing Rodriguez.
“There will be continuing work on the case and there will continue to be things coming in (by then),” Powell added.
Berkowitz did not immediately reply to requests for comment.
Attempts to speak with Rodriguez’s family were also unsuccessful.
In 2013, two other Gilroyans were killed in separate homicides.
A 30-year-old man, Jesse Emmanuel Silos, was gunned down in front of a home on the 7300 block of Chestnut Street April 3, which police say was “gang motivated.” And on Dec. 31, 2012, 51-year-old Elpidio Morales Jr. lost his life after he was shot near the intersection of Old Gilroy and Alexander streets.
Rodriguez is scheduled to appear in Dept. 105 at 1:30 p.m. March 11 at the South County Courthouse, located at 301 Diana Ave. in Morgan Hill.
Anyone with information regarding the Christmas Day homicide is urged to contact Detective. Michael Bolton at (408) 846-0335. Parties wishing to remain anonymous may call WeTip at 1-800-782-7463 (1-800-78-Crime).
