1 00:00:00,480 --> 00:00:04,360 Speaker 1: Crime a art hourly update Breaking crime News Now. I'm 2 00:00:04,400 --> 00:00:08,360 Speaker 1: Nicole Parton. Jose Abara, the individual facing charges for the 3 00:00:08,440 --> 00:00:12,320 Speaker 1: murder of Augusta University student Lake and Riley on the 4 00:00:12,400 --> 00:00:17,320 Speaker 1: University of Georgia campus in February, is reportedly opting for 5 00:00:17,400 --> 00:00:21,120 Speaker 1: a bench trial by the judge instead of a jury trial. 6 00:00:21,520 --> 00:00:25,239 Speaker 1: Fox News was inside the courtroom when this announcement was made. 7 00:00:25,560 --> 00:00:30,120 Speaker 2: The state was contacted by the defense last week and 8 00:00:30,360 --> 00:00:33,320 Speaker 2: they let the state know that they wished to waive. 9 00:00:33,240 --> 00:00:36,640 Speaker 1: The defenise right to a trial by jury and instead 10 00:00:36,760 --> 00:00:40,040 Speaker 1: this defendant wishes to see a trial by judge only, 11 00:00:40,120 --> 00:00:43,880 Speaker 1: a bench trial. Ebarra, twenty six, is accused of fatally 12 00:00:43,960 --> 00:00:47,680 Speaker 1: attacking Riley, a twenty two year old nursing student, while 13 00:00:47,720 --> 00:00:51,959 Speaker 1: she was jogging on one of UGA's popular pedestrian trails. 14 00:00:52,320 --> 00:00:56,120 Speaker 1: This on an early morning in February twenty two. Holloway 15 00:00:56,160 --> 00:01:00,880 Speaker 1: expressed confusion over Ebarra's decision to request a bench trial, 16 00:01:01,000 --> 00:01:05,400 Speaker 1: which was approved by state prosecutors and granted by Judge 17 00:01:05,480 --> 00:01:09,600 Speaker 1: Patrick Haggard. Ibarra's trial is now set to commence tomorrow, 18 00:01:10,120 --> 00:01:14,039 Speaker 1: a change from the previously scheduled jury trial happening on Monday, 19 00:01:14,560 --> 00:01:18,840 Speaker 1: Holloway remarked, this decision seems to be away for him 20 00:01:18,880 --> 00:01:22,679 Speaker 1: to fast track himself to a life without parole. It 21 00:01:22,720 --> 00:01:26,880 Speaker 1: will certainly expedite the process. From a legal standpoint, I 22 00:01:27,000 --> 00:01:31,399 Speaker 1: can't comprehend the defense's reasoning behind this. He further explained 23 00:01:31,440 --> 00:01:35,560 Speaker 1: that by selecting a bench trial, Ibarra is forfeiting his 24 00:01:35,840 --> 00:01:39,520 Speaker 1: last chance to sway a jury into doubting his guilt. 25 00:01:40,080 --> 00:01:43,760 Speaker 1: Rather than risking a potential mistrial due to a jurors skepticism, 26 00:01:44,080 --> 00:01:47,680 Speaker 1: ibarro will now present his case directly to a judge 27 00:01:47,840 --> 00:01:52,040 Speaker 1: who will determine his outcome. Holloway noted that the evidentiary 28 00:01:52,120 --> 00:01:55,520 Speaker 1: process in a bench trial is typically quicker, and that 29 00:01:55,640 --> 00:01:59,720 Speaker 1: both sides might skip opening and closing statements which are 30 00:02:00,360 --> 00:02:03,320 Speaker 1: in a jury trial, as they are not deemed necessary 31 00:02:03,360 --> 00:02:06,760 Speaker 1: in this setting. Ibarra and his brothers, who are also 32 00:02:06,960 --> 00:02:11,400 Speaker 1: undocumented immigrants from Venezuela, resided in an apartment near the 33 00:02:11,480 --> 00:02:15,079 Speaker 1: park where Riley was running. The incident was described by 34 00:02:15,240 --> 00:02:19,399 Speaker 1: Uga Police Chief Jeffrey Clark as quote a crime of opportunity. 35 00:02:19,919 --> 00:02:22,800 Speaker 1: In May, a grand jury in Georgia indicted a Barra 36 00:02:22,919 --> 00:02:27,959 Speaker 1: on multiple charges, including malice murder. To counts of kidnapping 37 00:02:28,040 --> 00:02:31,919 Speaker 1: resulting in bodily injury, two counts of aggravated assault with 38 00:02:32,040 --> 00:02:36,440 Speaker 1: intent to commit rape, and several other offenses, including tampering 39 00:02:36,480 --> 00:02:40,280 Speaker 1: with evidence and being a peeping tom. The peeping tom 40 00:02:40,400 --> 00:02:43,639 Speaker 1: charge originates from a separate incident on the same day, 41 00:02:44,040 --> 00:02:47,400 Speaker 1: when Ebarra allegedly looked through a window of a residence 42 00:02:47,440 --> 00:02:51,480 Speaker 1: on the UGA campus, spying on a university staff member. 43 00:02:51,880 --> 00:02:56,480 Speaker 1: Ebarra had recently attempted to have his charge dismissed. However, 44 00:02:56,680 --> 00:03:00,960 Speaker 1: prosecutors contended that both incidents were closely linked, and the 45 00:03:01,040 --> 00:03:05,120 Speaker 1: judge opted to keep the charges together. Additionally, the judge 46 00:03:05,160 --> 00:03:09,240 Speaker 1: has allowed DNA and cell phone evidence, which Ibarra's defense 47 00:03:09,360 --> 00:03:12,800 Speaker 1: team sought to suppress. He is scheduled to return to 48 00:03:12,840 --> 00:03:17,000 Speaker 1: court tomorrow for the trial, with jury selection initially set 49 00:03:17,040 --> 00:03:20,799 Speaker 1: for November thirteen. Prior to this request for a bench trial, 50 00:03:21,240 --> 00:03:25,040 Speaker 1: ibar crossed into the United States illegally through El Paso, 51 00:03:25,160 --> 00:03:30,040 Speaker 1: Texas in September twenty twenty two, and was subsequently released 52 00:03:30,040 --> 00:03:34,079 Speaker 1: into the US under Border Patrol Services, as reported by 53 00:03:34,160 --> 00:03:38,840 Speaker 1: ICE and DHS sources. His older brother, Diego Ebarra, faces 54 00:03:38,960 --> 00:03:42,440 Speaker 1: charges related to a green card fraud case and is 55 00:03:42,520 --> 00:03:45,520 Speaker 1: linked to the notorious of Venezuela gang in the United 56 00:03:45,520 --> 00:03:50,560 Speaker 1: States known as Tranda Arragua. According to federal court documents, 57 00:03:50,680 --> 00:03:54,960 Speaker 1: both men should have been deported before, but remain in 58 00:03:55,000 --> 00:03:56,080 Speaker 1: the United States. 59 00:03:57,040 --> 00:03:59,640 Speaker 3: I'm Drew Nelson. A Las Vegas woman is found dead 60 00:03:59,640 --> 00:04:02,440 Speaker 3: in a free inside her own home, where the suspect 61 00:04:02,440 --> 00:04:05,880 Speaker 3: allegedly continued to live with the body until it was discovered. 62 00:04:06,080 --> 00:04:09,080 Speaker 3: Monique Gilbertson, aged sixty eight, lived for more than twenty 63 00:04:09,160 --> 00:04:11,640 Speaker 3: years in a mobile home where neighbors knew her well. 64 00:04:11,880 --> 00:04:15,000 Speaker 3: They noticed her absence after October twenty second. She was 65 00:04:15,080 --> 00:04:18,680 Speaker 3: usually seen walking her dog every day. Concerned neighbors contacted 66 00:04:18,680 --> 00:04:21,560 Speaker 3: the mobile home parks management, who requested a welfare check. 67 00:04:21,640 --> 00:04:24,960 Speaker 3: November sixth, police got there and knocked for forty five minutes, 68 00:04:25,160 --> 00:04:27,880 Speaker 3: and they finally went in after receiving no response. But 69 00:04:28,000 --> 00:04:30,760 Speaker 3: inside they found two people, including thirty seven year old 70 00:04:30,800 --> 00:04:34,080 Speaker 3: Jaslyn Rausch, who had been living with Gilbertson. During the search, 71 00:04:34,120 --> 00:04:38,359 Speaker 3: they discovered Gilbertson's body inside a locked freezer. Raush admitted 72 00:04:38,400 --> 00:04:40,960 Speaker 3: putting her there, allegedly telling police quote, I put her 73 00:04:40,960 --> 00:04:43,120 Speaker 3: in the ice box because I didn't know what to do. 74 00:04:43,400 --> 00:04:46,400 Speaker 4: I told her many times, don't give these friendly people 75 00:04:46,560 --> 00:04:47,719 Speaker 4: too much information. 76 00:04:48,040 --> 00:04:50,640 Speaker 3: Well, she wouldn't listen. But to the good girl, she 77 00:04:50,720 --> 00:04:53,920 Speaker 3: had good heart. Neighbor Christine Marshall tells KVVU she knew 78 00:04:53,920 --> 00:04:55,960 Speaker 3: the victim for the whole time she lived there at 79 00:04:55,960 --> 00:05:00,000 Speaker 3: the trailer park. Court records reveal raus allegedly provided Gilbert's 80 00:05:00,080 --> 00:05:02,960 Speaker 3: and with the cocaine laced with fentanyl that caused her death, 81 00:05:03,240 --> 00:05:08,760 Speaker 3: claiming that Gilbertson accidentally overdosed. Police found cocaine, methamphetamine, fentanyl, 82 00:05:08,800 --> 00:05:12,080 Speaker 3: a digital scale, and other paraphernalia in the home. Gilbertson 83 00:05:12,120 --> 00:05:14,920 Speaker 3: had previously accused Rausch of stealing from her and tried 84 00:05:14,920 --> 00:05:18,080 Speaker 3: to evict her. Despite being locked out, Rausch was still 85 00:05:18,080 --> 00:05:20,840 Speaker 3: able to gain access to the home. After Gilbertson's death, 86 00:05:21,200 --> 00:05:24,719 Speaker 3: Rausch gave inconsistent accounts of where she found Gilbertson's body. 87 00:05:24,920 --> 00:05:27,280 Speaker 3: At first, she claimed Gilbertson was at the dining room 88 00:05:27,360 --> 00:05:30,320 Speaker 3: table surrounded by drugs, but later she said the body 89 00:05:30,400 --> 00:05:33,520 Speaker 3: was in a different room. Rausch's wife, Gina Lopez Rausch, 90 00:05:33,600 --> 00:05:36,680 Speaker 3: initially denied knowing about the freezer, but later admitted she 91 00:05:36,760 --> 00:05:38,919 Speaker 3: knew the body had been there for four days. She 92 00:05:39,040 --> 00:05:42,280 Speaker 3: also confessed to helping purchase the laced to drugs. Police 93 00:05:42,320 --> 00:05:47,080 Speaker 3: believe Rausch quote wilfully, unlawfully, feloniously, and with malice, caused 94 00:05:47,120 --> 00:05:50,320 Speaker 3: Gilbertson's death. They charged her with second degree murder. Raush 95 00:05:50,320 --> 00:05:53,320 Speaker 3: pleaded not guilty during a court appearance. Her preliminary hearing 96 00:05:53,320 --> 00:05:56,760 Speaker 3: is set for November twenty seven. The investigation is ongoing 97 00:05:56,800 --> 00:05:59,920 Speaker 3: and authorities are still working to confirm Gilbertson's exact cause 98 00:06:00,120 --> 00:06:03,359 Speaker 3: of death. Marshall, the longtime neighbor, says quote, she probably 99 00:06:03,360 --> 00:06:06,080 Speaker 3: would have given them anything they wanted. This should never 100 00:06:06,120 --> 00:06:06,880 Speaker 3: have happened to her. 101 00:06:08,320 --> 00:06:12,400 Speaker 4: I'm Jennifer Gooold Up Florida mother's determination to protect her 102 00:06:12,520 --> 00:06:17,240 Speaker 4: daughter from a predator turns into a dramatic showdown and shooting. 103 00:06:17,720 --> 00:06:20,840 Speaker 4: The incident began when the mom discovered her thirteen year 104 00:06:20,880 --> 00:06:25,880 Speaker 4: old daughter exchanging inappropriate text messages with an adult male. 105 00:06:26,400 --> 00:06:30,599 Speaker 4: Taking decisive action, the mom confiscated her daughter's phone and then, 106 00:06:30,720 --> 00:06:34,360 Speaker 4: posing as the teen, arranged a meeting with the suspect, 107 00:06:34,440 --> 00:06:38,400 Speaker 4: identified as eighteen year old Sari Rodriguez Banks, at a 108 00:06:38,480 --> 00:06:43,440 Speaker 4: Popeye's in Jacksonville. Here's Jacksonville Sheriff TK Waters talking to 109 00:06:43,480 --> 00:06:43,960 Speaker 4: the media. 110 00:06:44,080 --> 00:06:48,559 Speaker 2: Absolutely, we'd like for parents let us handle these situations. Listen, 111 00:06:48,600 --> 00:06:51,000 Speaker 2: it's protective in nature, and moms and dads are going 112 00:06:51,080 --> 00:06:52,760 Speaker 2: to do what they feel they needs to protect their 113 00:06:52,839 --> 00:06:55,800 Speaker 2: protect their kids, which we can't really blame them for 114 00:06:55,880 --> 00:06:58,120 Speaker 2: doing it, but we do ask to allow us to 115 00:06:58,120 --> 00:06:59,800 Speaker 2: make sure we take care of situations like this. 116 00:07:00,279 --> 00:07:03,679 Speaker 4: Banks arrived at the restaurant expecting to meet the young girl, 117 00:07:03,760 --> 00:07:07,400 Speaker 4: but instead encountered the mother, her daughter, and her eleven 118 00:07:07,480 --> 00:07:10,800 Speaker 4: year old son. The situation took a dangerous turn, though, 119 00:07:10,800 --> 00:07:15,360 Speaker 4: when Banks allegedly lifted his shirt, revealing a handgun tucked 120 00:07:15,400 --> 00:07:19,120 Speaker 4: menacingly in his waistband. According to authorities, He then threatened 121 00:07:19,120 --> 00:07:21,880 Speaker 4: the mother, stating quote, when you hear the shots tonight, 122 00:07:22,160 --> 00:07:25,120 Speaker 4: you know what's up end quote. Fearing for the safety 123 00:07:25,120 --> 00:07:28,760 Speaker 4: of her children and herself, the unidentified mom retreated into 124 00:07:28,800 --> 00:07:33,040 Speaker 4: the Popeyes and immediately contacted the police. Responding officers arrived 125 00:07:33,040 --> 00:07:37,160 Speaker 4: approximately thirty minutes later to find Banks still lingering outside 126 00:07:37,200 --> 00:07:40,920 Speaker 4: the restaurant. Knowing the suspect was armed and potentially dangerous, 127 00:07:41,360 --> 00:07:45,400 Speaker 4: the officer cautiously approached Banks ordering him to turn around 128 00:07:45,480 --> 00:07:49,560 Speaker 4: and show his hands. The already tense situation escalated, however, 129 00:07:49,640 --> 00:07:54,240 Speaker 4: when Banks reportedly disobeyed commands and bolted, running around to 130 00:07:54,280 --> 00:07:57,600 Speaker 4: the back of the Popeyes. The officer then gave chase. 131 00:07:58,240 --> 00:08:01,280 Speaker 4: As the officer rounded the corner, where he witnessed Banks 132 00:08:01,440 --> 00:08:04,559 Speaker 4: draw his weapon from his waistband, and, with no time 133 00:08:04,560 --> 00:08:10,000 Speaker 4: to hesitate, the officer fired multiple shots, striking Banks. Though wounded, 134 00:08:10,320 --> 00:08:14,480 Speaker 4: Banks continued to run, disappearing behind a nearby business. A 135 00:08:14,560 --> 00:08:18,240 Speaker 4: K nine unit was deployed to track the suspect down, 136 00:08:18,320 --> 00:08:22,920 Speaker 4: eventually locating him hiding in a drainage tunnel. Medical personnel 137 00:08:22,960 --> 00:08:25,760 Speaker 4: were called to the scene to treat Banks for superficial 138 00:08:25,800 --> 00:08:28,840 Speaker 4: gunshot wounds. He was then taken to the hospital for 139 00:08:28,840 --> 00:08:32,959 Speaker 4: further treatment. Banks faces a multitude of charges, including aggravated 140 00:08:32,960 --> 00:08:36,560 Speaker 4: assault with a deadly weapon, lude and lascivious conduct with 141 00:08:36,600 --> 00:08:40,720 Speaker 4: a minor, unlawful use of a communication device, and traveling 142 00:08:40,800 --> 00:08:44,760 Speaker 4: to meet a minor after online solicitation. He is currently 143 00:08:44,760 --> 00:08:48,200 Speaker 4: being held on a seven hundred thousand dollars bond. The 144 00:08:48,280 --> 00:08:50,920 Speaker 4: officer on the scene was not hurt. For the latest 145 00:08:50,960 --> 00:08:53,640 Speaker 4: Crime and Justice News follow the Crime Alert hourly update 146 00:08:53,679 --> 00:08:56,360 Speaker 4: on your favorite podcast app with this crime alert. I'm 147 00:08:56,440 --> 00:08:57,160 Speaker 4: Jennifer Gould.