Judge intends trial for Gustavo Zavala-Garcia to stay on schedule, further DNA testing could set it back

Published 11:00 am Thursday, April 26, 2018

Trace evidence testing has been completed in the capital murder case of Gustavo Zavala-Garcia, but additional biological testing could be necessary.

However, 241st District Court Judge Jack Skeen said he intends to keep the case on track to begin the trial in October. 

During a pretrial hearing Thursday, Texas Department of Public Safety analysts updated the court on evidence testing requested by the defense in the case of Zavala-Garcia, 25, the man accused of killing 10-year-old Kayla Gomez-Orozco in November 2016.

The defense and the state must reach an agreement as to which pieces of trace evidence need further testing and which method of DNA testing they want used. Trace evidence, in general, can include items such as hair, fibers, soil and pollen and, in this case, was gathered from clothing and other items taken during the investigation.

The DPS analysts said about 35 hairs were gathered for the latest trace evidence tests. If the defense and state agree to have DNA testing conducted on those 35 pieces, it could take DPS six months to complete the tests. 

Hairs recovered with the root can be tested at the DPS lab. However, hairs recovered without a root must be tested at the University of North Texas Health Science Center in Fort Worth.

The trace evidence section at DPS will hold the evidence, catalog and photograph it prior to sending it for DNA testing. DPS trace evidence analyst Angel Rios said this process alone would take about a month. 

The DNA analysis for 10-15 pieces of evidence would take about three months for the DPS lab to complete, with 35 pieces taking about six months to process from the time the trace evidence section released the evidence, according to information presented in court. 

DPS DNA analyst Amber Moss said if the evidence has to be sent to the UNT Health Science Center in Fort Worth for testing she is not sure what that center’s backlog is or how long it would take to do the tests.

Skeen said the court would need to know what, if any, aspects of the testing the state and defense disagree on. In the case of disagreements, the court would make a decision, Skeen said.

Smith County District Attorney Matt Bingham and Zavala-Garcia’s defense team agreed to meet and discuss the matter. 

Skeen said his intent is to keep the trial date set for October, but more DNA testing could affect the scheduling order and the date of the trial. 

Zavala-Garcia is accused of killing Kayla in November 2016. He was related to her by marriage and was among the last people to see her before she went missing Nov. 1, 2016, from the foyer of Bullard First Assembly on U.S. Highway 69.

Her body was found four days later in a well on the property where Zavala-Garcia lived, in the 22100 block of Farm-to-Market Road 2493 (Old Jacksonville Highway) in Bullard.

It is unclear what exactly caused her death, and at the time the indictment was released Bingham declined to comment, citing the restrictive and protective order in the case.

In the indictment, prosecutors contend Zavala-Garcia attacked Kayla and sexually assaulted or attempted to sexually assault her after her kidnapping.

Prosecutors also contend he struck Kayla with and against a blunt object, asphyxiated her and drowned her.

A special pretrial hearing was scheduled for 9 a.m. May 10. The defense and state could have that date moved up if they reach an agreement earlier.