Man pleads not guilty in 3-year-old's death


By Dolly A. Butz | Posted: Tuesday, September 01, 2009

DAKOTA CITY, Neb. -- A Sioux City man accused of sexually assaulting and killing a 3-year-old girl has pleaded not guilty to charges of first-degree capital murder and burglary.

Melecio Camacho-De Jesus was arraigned in Dakota County District Court today in connection with the death of Evelyn Verdugo Paniagua, of South Sioux City. The 29-year-old, who was living in Sioux City, is believed to be an illegal immigrant.

Camacho-De Jesus, dressed in a black-and-white-striped jumpsuit, entered his not guilty plea through an interpreter. If convicted as charged he could face the death penalty or spend the rest of his life in prison.

Both sides agreed that it would take them a substantial period of time to prepare for the trial, and defense lawyers said they would file a number of motions seeking to suppress evidence. District Court Judge William Binkard scheduled the trial to begin Dec. 9.

Police say Camacho-De Jesus climbed into Evelyn's mobile home through a window in the early morning hours of May 23 and assaulted the girl while her family slept. Evelyn was rushed to Mercy Medical Center -- Sioux City hours later after her mother discovered her condition.

Evelyn was pronounced dead later that morning in the hospital's emergency room. Asphyxia is listed as the sole cause of death.

Prosecutors are seeking the death penalty, but defense attorneys say it shouldn't apply, arguing the alleged crime happened five days before Nebraska's governor banned death by electrocution, then the state's only method of execution. Binkard has not yet ruled on the matter.

Camacho-De Jesus is being held at a Lincoln, Neb., correctional facility in lieu of $5 million bond.

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