By Karen Gleason
The 830 Times
A state district judge has ordered an overall reduction in bonds for a woman charged with murder and tampering with evidence, from $5,050,000 to $2 million.
63rd Judicial District Judge Roland Andrade during a hearing Wednesday heard arguments for and against the request for reducing the bond amounts for Kitty Mia Diaz, 21, who was charged with the offenses of murder, a first-degree felony, and tampering with evidence, a third-degree felony, following the June 25 stabbing death of 32-year-old Del Rioan Caroline Pena.
Security was tightened significantly around the Val Verde County Judicial Center on East Broadway Street well in advance
of the 1:30 p.m. hearing Wednesday.
Sheriff’s office deputies cordoned off a portion of the side parking area from which Diaz was brought to the courthouse. Dressed in an orange jail-issued T-shirt and pants, Diaz was handcuffed and shackled as deputies escorted her into the courtroom and seated her at the defense table next to her attorney, Natasha Torres.
Extra security was also visible in the courtroom, with additional sheriff’s deputies and two Texas Department of Public Safety troopers augmenting the everyday security provided by the court bailiffs, the district attorney’s office investigators and the judge’s bailiff.
Andrade called the hearing to order and recognized Torres, who was joined in court by her father, Eagle Pass attorney Gregory Torres.
District Attorney Suzanne West, who appeared for the state, was joined by several members of her staff, including First Assistant District Attorney Daniel Esquivel. Another member of West’s staff, Debbie Garcia, the victims’ assistance coordinator, sat in the gallery with members of Pena’s family, including her father and grandmother.
Andrade recognized Natasha Torres and asked her to call her first witness.
Torres called Del Rio Police Department Detective Darian Castro, the lead investigator in the Pena murder.
Torres asked Castro about his law enforcement training and background. Castro then answered specific questions about how he became involved in the murder investigation.
Torres asked, “Based on the evidence and your investigation, what is your opinion of Kitty Diaz’s role?”
Castro replied, “She was involved. … She absolutely took part in the assault against the victim.”
Castro added Diaz drove herself and her sister, Amaya Cookie Diaz, who was also charged with murder, to the scene of the attack on Pena, a yard outside a home in the 800 block of East 10th Street.
Castro also testified one of the videos of the attack on Pena shows the Diaz sisters arriving at the scene in Kitty’s vehicle, both exiting the vehicle and “Kitty striking the victim.”
Torres asked, “Was Kitty Diaz hitting the victim?”
“Yes, correct,” Castro answered.
Torres asked, “But not stabbing (the victim)?”
“Correct,” Castro replied.
Torres also asked Castro if police had found “the item” used in the attack on Pena, and Castro replied that “a weapon” had been located by police.
In response to questions from West, Castro said Kitty Diaz made no attempt to call 9-1-1 after the stabbing and made no attempt to help Pena, either by helping her personally or by calling someone.
Torres next called Israel Diaz, Kitty’s father, to the witness stand.
Diaz testified Kitty was one of three children and said he was also the father of Amaya Cookie Diaz, who has also been charged with murder in the Pena stabbing.
Kitty’s father told the court he and Kitty’s biological mother could possibly come up with $10,000 to $15,000 each to put up for Kitty’s bond.
He said if Kitty were released on bond, she would live with him and that he and her mother would assist her in caring for her 3-year-old son.
Asked by Torres if Kitty is a violent and aggressive person, Diaz replied, “No, no.”
Questioned by West, who asked him if he understood that Kitty faced a maximum sentence of five to 99 years if convicted, Diaz replied, “I guess I understand.”
West also asked Kitty’s father if he was aware that Kitty had been charged with assault while she was still in school.
Diaz said he knew about the incident.
“Were you aware (Kitty) punched the other girl and kicked her while she was on the ground?” West asked.
“No, I was not aware,” Diaz responded.
After the witness testimony, Andrade heard arguments from both attorneys.
Torres called the $5 million bond on the murder charge “oppressive” and said the purpose of bond was to ensure a defendant would appear for trial and should not be used as “a form of oppression.”
She added a $5 million bond was far beyond Diaz’s financial means and asked the bonds be set at $50,000 for the murder charge and $50,000 for the tampering with evidence charge.
West argued that Kitty Diaz had “shown a propensity to violence,” and that the stabbing had been committed in the middle of the day along one of the city’s well-traveled streets. She also pointed out Kitty Diaz is looking at a very lengthy prison sentence if she is found guilty of the charges against her.
After the attorneys completed their arguments, Andrade announced his decision.
He said Kitty Diaz was not employed at the time of her arrest and has no employment history. He also said she does not own property and has a prior assault on her record. Andrade also pointed out Diaz was facing a long prison sentence if she is convicted.
He then ordered that Kitty Diaz’s bond be set at $1 million on the murder charge and $1 million on the tampering with evidence charge.
Andrade also read a list of conditions Kitty Diaz must meet if she is released on bond, including being confined at home, wearing an ankle monitor, submitting to drug and alcohol testing and having no contact with her co-defendants or any member of the victim’s family.
After the ruling, Andrade left the courtroom, and court bailiffs asked everyone to remain seated while they quickly escorted Diaz from the courtroom. As she was escorted out, she turned and slightly raised one hand to her father.
Following the hearing, Torres told The 830 Times, “Based on the law and the evidence, I believe the outcome was fair. I kindly ask that the community respect the privacy of everyone involved.”
The writer can be reached at delriomagnoliafan@gmail.com.
