A man once serving 15 years to life in prison for murder was re-sentenced Wednesday to 13 years, including time already served.
Jorge Luis Aceves-Cortez was convicted of second-degree murder in 2015 for killing his wife, Maria Cortes. The 5th District Court of Appeals vacated this decision in 2018.
The reversal hinged on a key issue: Did a brain aneurysm or a blunt force trauma kill Cortes? A pathologist had ruled Maria Cortes died from blunt force trauma in the original trial. A re-test of Cortes’ brain tissue proved she died from an aneurysm.
Aceves-Cortez avoided a retrial by pleading no contest to manslaughter and assault in October, with his second-degree murder and willful cruelty to children charges dismissed as part of a plea deal Wednesday. He's now eligible for parole in June 2025.
T. Alan Rogers, the public defender for the defendant, said Aceves-Cortez was not comfortable risking a retrial and possibly receiving a life sentence.
“He controls his own destiny,” Rogers said to The Californian on Wednesday.
Supervising Deputy District Attorney Gina Pearl said Cortes' family is disappointed, but understands the difficulties surrounding a retrial.
Prior to Cortes' death in 2013, the wife faced her husband’s wrath more than once, according to previous reporting by The Californian. Her brother testified at the original trial that she called him in 2012 because the defendant hit her. The brother saw Cortes’ head had a bump and blood ran down her face.
Witnesses said Acevez-Cortez knocked the wife onto the sidewalk then hit her repeatedly in May 2013, according to previous reporting by The Californian. In October 2013, Acevez-Cortez pushed his wife. She fell, hit her head and died.
Their 18-year-old son told investigators Aceves-Cortez had been drinking the night of Cortes' death, and pushed his mom while she held a 2-month-old, according to court documents obtained by The Californian at the time.
He then watched his father strangle his mom, those court documents said.
Aceves-Cortez denied choking her, or injuring her head, according to The Californian’s previous reporting. He said he shoved her because he thought she would assault him.
The defense argued at the original trial that Cortes died from a brain aneurysm. Prosecutors said the injury from Aceves-Cortez’s actions led to her death.
Defense lawyers then learned new tests could be performed on the brain tissue later in the trial from from the pathologist. Attorneys immediately objected, but Kern County Judge Michael E. Dellostritto denied the defense’s motion to postpone the proceedings.
A California Court of Appeals found Dellostritto had abused his discretion. The court also determined that the coroner’s office had made an “inadvertent failure,” and conditionally reversed the conviction in 2018.