Sep 19, 2024
BAKERSFIELD, Calif. (KGET) -- A Kern County jury on Thursday convicted a man of all charges -- including first-degree murder and rape -- in the death of an 85-year-old woman, according to online court records. Sergio Gonzalez-Herrera, 33, was found guilty of the attack against Maria Garcia on the early morning of Nov. 24, 2021. She died the next month. Gonzalez-Herrera entered her home and dragged her from bed then sexually assaulted her, prosecutor Cole Sherman said at trial. The assault stopped when police arrived about 15 minutes later. Garcia was medically examined and questioned before returning home. She fell and broke a hip the same day, and died at Memorial Hospital on Dec. 6, 2021. A forensic pathologist determined she died from complications of blunt force injuries from the fall — and that when she fell she had not recovered from the sexual assault. That meant the assault led to her death, Sherman told the jury. ‘It never takes this long’: Sheriff Youngblood discusses Zack Scrivner investigation, ex-Delano police chief Mark DeRosia’s case Deputy Public Defender Nick Roth, while conceding the case was "nightmare fuel", argued the evidence did not support the murder or rape by force charges. Roth noted Garcia underwent surgery after breaking her hip and began experiencing complications in the days afterward. She became anemic. Doctors recommended a blood transfusion, but Garcia and her family refused. The procedure went against their beliefs as Jehovah’s Witnesses. Roth said the blood transfusion might have saved her life. Regarding the rape charge, Roth said Gonzalez-Herrera attempted but was unable to commit the act. Gonzalez-Herrera, who has a history of methamphetamine use, told detectives he entered the home under the mistaken belief his brother’s wife and children were being held hostage inside. He said he blacked out and didn't remember attempting to have sex with anyone. Gonzalez-Herrera faces life in prison without the possibility of parole. Sentencing is scheduled Oct. 18.
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