By Karen Gleason
The 830 Times
Ernesto Olguin on Friday pleaded guilty to murder in connection with the death of Sandra De La Cruz.
Olguin and his attorney agreed to the plea deal in the midst of the ongoing murder trial of Clarissa Guerra, a 25-year-old Del Rio woman who has also been charged with murder and evidence tampering in connection with De La Cruz’s fatal shooting on March 7, 2021.
Guerra’s trial was delayed for several hours Friday morning while court officials dealt with Olguin’s plea.
While jury members were sequestered in a room on the second floor of the county judicial center, 83rd Judicial District Judge Robert E. Cadena, who is presiding over the Guerra murder trial, convened court in the judicial center’s third-floor courtroom.
Guerra was present with her attorney, Michael J. Bagley. District Attorney Suzanne West was also present, as was Olguin. Olguin’s attorney, Jackson Lindsey of San Antonio, appeared via Zoom.
Cadena swore Olguin in and asked him a variety of questions about whether or not he had sufficient time to discuss with his attorney the proffered plea agreement and whether or not he believed Lindsey had adequately represented him.
During the exchange, Cadena asked Olguin if he was guilty of causing De La Cruz’s death “by discharging a firearm” into her body, and Olguin said he was not. Cadena then asked Olguin if he “abetted or assisted in this crime.”
“No, sir,” Olguin replied.
“Are you guilty under the law of parties?” Cadena asked.
“Yes, sir,” Olguin said.
Olguin also pleaded guilty to “altering, destroying or concealing” – tampering – with De La Cruz’s cell phone.
Cadena accepted the guilty pleas and found Olguin guilty and said Olguin would not be sentenced until after testimony in the Guerra trial was completed.
Lindsey told the judge he wanted to be present with Olguin if Olguin were to testify in the trial.
The Guerra trial continued, with West calling a variety of witnesses. Cadena dismissed the jury for several hours about 4 p.m. and told them the trial would resume at 6:30 p.m. Friday.
When court reconvened, and the jury members settled into their seats in the jury box, West called Olguin to the stand.
She first reviewed the plea agreement, noting Olguin had agreed to plead guilty in exchange for a reduced sentence.
Afterward, Olguin testified about his involvement in De La Cruz’s murder. He described how he, De La Cruz and Guerra met at the home of a mutual acquaintance and had gotten into De La Cruz’s car.
He testified Guerra wanted to drive to the San Felipe Cemetery “to see my brother.” Olguin claimed he had his gun, a Smith & Wesson six-shot revolver, with him and that the gun was lying between the driver’s and front passenger seat.
Olguin said he started falling asleep when De La Cruz and Guerra got out of the car at the cemetery. Olguin claimed he was awakened by the sound of gunshots.
Olguin testified he looked in the car’s rear view mirror and saw Guerra shoot De La Cruz.
“Then she (Guerra) got back in the car and said, ‘Go, go, go!’” Olguin testified.
Olguin also spoke briefly about the aftermath of the shooting, during which he helped Guerra hide evidence, including De La Cruz’s cell phone and car.
During cross-examination, Bagley questioned Olguin about his relationship to Guerra and other persons in Guerra’s circle, including Antonio “Pitaya” Elias.
Bagley also asked Olguin what he knew of the relationship between Guerra and De La Cruz, and Olguin replied, “They were friends, but they also fought.”
Finally, Bagley asked, “Did you shoot Sandra De La Cruz?”
“No, sir, I did not,” Olguin said.
After both Bagley and West finished questioning Olguin, he was dismissed, and West announced, “The state rests.”
Bagley then asked Cadena for a directed verdict because he charged that the state had not proven its case against Guerra, but Cadena overruled him.
Bagley then announced that the defense rested its case.
West, then Bagley, announced the state and defense closed their cases.
Cadena directed the jury to return for closing statements in the Guerra case at 8:30 a.m. Monday.
—
Contact the author at delriomagnoliafan@gmail.com
