Suspect In Dragging Death Takes Plea Deal
Rubi-Nava Won't Be Sentenced To Death

POSTED: 2:02 pm MST February 19, 2009
UPDATED: 6:28 pm MST February 19, 2009


CASTLE ROCK, Colo. -- A man facing the death penalty if he was found guilty of dragging his girlfriend to death has agreed to a plea deal.

Jose Luis Rubi-Nava, 38, pleaded guilty to first-degree murder in exchange for a life sentence without parole. He was immediately sentenced in court after the plea agreement was announced in court on Thursday.

Prosecutors were seeking the death penalty for what they call a "heinous" crime but believe this plea deal delivered justice to the family and community.

"The defendant's conviction ensures that he will be severely punished for this horrific and vicious crime. It is the belief of the prosecution team that, in this case, the lifelong prison sentence will protect the community," said district attorney's spokeswoman Kathleen Walsh.

Rubi-Nava was charged with murder and kidnapping but as part of the deal, prosecutors agreed to drop the other charges.

Rubi-Nava was the prime suspect after 49-year-old Luz Maria Franco-Fierros was found on a rural road in the Surrey Ridge subdivision in Castle Rock in September 2006.

She had a nylon strap around her neck and was nearly unrecognizable.

The trail of blood on the road suggested she was tied to a towing strap and dragged behind a truck for at least 1.5 miles, police said.

The coroner said she died from strangulation and massive head wounds.

Besides serving a life sentence, Rubi-Nava was also ordered to pay $9,200 restitution and the $91,000 it cost to prosecute the case, said Douglas County District Judge Paul King. It's not known how the state will ever get that money.

Rubi-Nava is an illegal immigrant from Mexico and is the father of three children in Mexico.

Rubi-Nava's lawyers tried to prove earlier that he was not mentally competent to stand trial.

"A considerable amount of time since (the murder) has been spent litigating the defendant's claim that he is mentally retarded. The litigation of this issue has consumed enormous taxpayer resources. Today, the defendant admitted that he is not mentally retarded and is solely responsible for the murder of Luz Maria Franco-Fierros," said Walsh.

A relative of Franco Fierros was listening to the proceedings by phone. Speaking on the phone from Mexico the victim's daughter told the judge she respects and accepts the ruling of the American judicial system. She said two days ago, her family celebrated Franco Fierros' birthday. She would have been 52.

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