Thread: NC: Rivera pleads guilty to murder

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January 19. 2007 12:00AM

Rivera pleads guilty to murder

John Harbin
Times-News Staff Writer
john.harbin@hendersonvillenews.com


Joel Zelaya Rivera

A Honduran man who shot and killed his wife and shot his 15-month-old son last year was sentenced to life in prison after pleading guilty to first-degree murder Thursday.

Joel Zelaya Rivera, 26, of 235 Adeles Way in the Alpine Woods Mobile Home Park, was charged with first-degree murder and attempted murder in September after he killed Gloria Silos-Zelaya and shot 15-month-old Gurlean Joel Silos. The toddler has since recovered.

Henderson County Assistant District Attorney Charles Walker told the court the officers who arrived at the mobile home park on Sept. 24, 2006, found Gloria Silos dead in front of the mobile home the couple shared.

"She died as a result of three gunshot wounds to her neck and head," Walker told the court.

Rivera fled after shooting his wife. He later returned and placed his critically injured son next to his wife's body before authorities arrived, Walker said.

"The defendant was located 12 hours later walking on foot several miles from where the incident occurred," Walker said.

Superior Court Judge James Downs sentenced Rivera to life in prison for the first-degree murder charge and a minimum of eight additional years in prison for the attempted murder charge.

"If he is ever released from prison, he is to be immediately deported to his native land (Honduras) and is forbidden to enter the borders of the United States for the rest of his natural live," Downs said.

Rivera apologized to the court and his family for what he did.

"I didn't understand what I was doing," Rivera told the court through an interpreter. "I want to ask forgiveness from my wife's family. I know it is a great loss to them."

Former Henderson County Sheriff's Office Detective Erik Summey said Rivera's legal status as a U.S. citizen was never determined.

http://www.hendersonvillenews.com/apps/ ... /609270337

September 27. 2006 12:00AM

Rivera assault charges dismissed in 2003

John Harbin
Times-News Staff Writer
john.harbin@hendersonvillenews.com

Rivera Members of the Henderson County Sheriff's Department arrested Joel Zelaya Rivera on Howard Gap Rd. near Sugarloaf Rd. Monday.

A Hendersonville man charged with murder after his wife was found dead and his 15-month-old son found shot, had assault charges against him dismissed in 2003 by the Henderson County District Attorney's Office.

District Attorney Jeff Hunt said Tuesday that the charges were dismissed because the victim, Rivera's wife, did not want to prosecute.

Joel Zelaya Rivera, 25, of 235 Adeles Way in the Alpine Woods Mobile Home Park, was charged Monday with murder, attempted murder and assault with a deadly weapon inflicting serious injury.

Rivera was captured by police Monday after an all-night manhunt which began early Sunday morning when police discovered Rivera's wife, Gloria Silos-Zelaya, whose age is unknown, dead and her 15-month-old son shot in the front yard of their home in the Apline Woods Mobile Home Park. Silos-Zelaya was shot several times and the boy was shot once, police said.

The toddler was taken to Mission Hospitals in Asheville and was listed in stable condition Monday afternoon, police said.

Authorities said they do not know if Rivera is a legal citizen of the United States.

According to court records, Rivera had been arrested and charged with assaulting Gloria Silos-Zelaya on June 13, 2002, Oct. 19, 2002, and Dec. 31, 2003.

Hunt said the District Attorney's office has a dismal conviction rate of almost zero when victims of domestic violence don't want to prosecute or cooperate.

"Many time victims will show up in the magistrate's office and take out warrants, which leaves no other evidence to try the case, other than the victim's testimony," Hunt said.

He said in instances where the victim chooses not to cooperate, the judge will call the case and then dismiss it if the victim does not show up.

Henderson County Mainstay Director Tanya Blackford said that Rivera enrolled in Mainstay's court advocacy program four years ago.

Mainstay class record

Blackford said her records indicate that Rivera did not complete the Mainstay classes, and that it was not uncommon four years ago for cases to be dismissed even when the course was not completed.

According to Mainstay's Web site, the court-ordered education classes include three classes per week -- one each for English-speaking men, Spanish-speaking men, and English-speaking women. The classes are offered for court-ordered offenders, DSS referrals and volunteer participants. These classes emphasize anger management skills and encourage learning to take responsibilities for one's own actions.

Hunt said he was not sure if the Rivera case fell through the cracks, but it was not unusal for cases to be dismissed without course completion when the District Attorney's office began working with Mainstay.

"If we don't have a victim that wants to cooperate we know we are going to lose the case," he said. "When this happens, that is when we try alternative remedies. Since taxpayers are already paying for Mainstay, we have tried to use that. We dismiss the cases on the condition that the defendant enter Mainstay and complete the course. The Rivera case may have fallen through the cracks with paperwork being filed incorrectly."

Henderson County Department of Social Services Director Liston Smith said Tuesday that the 15-month-old, along with Rivera's two other children -- Bianca, 7, and Emily, 4, -- have been taken into DSS custody.

"We had some issues taking the children into our custody," Smith said. "We had a homicide and child-protection incident occurring simultaneously. It got confusing determining who was working which case."

While Smith would not discuss the Rivera situation in detail, he said placing children with other family members could be an option if there is a belief it could be done safely.

"The mother's family has indicated that they are willing to take custody of the children," Smith said. "We are assessing the situation now. We don't necessarily have to have a court hearing to give the family members custody, but we may to ensure all of our bases are covered."

While Smith would not say if DSS had previously worked with the Rivera family, he did say that this would be considered a typical case if things were to go well for a while and then not end well.

"From all I have heard about the case, this was a loving mother and there were no questions on how she raised her children, or that she wanted to protect them," Smith said.

Rivera appeared in court for his first hearing and requested a court-appointed attorney Monday.

He was not granted bond and is being held in the Henderson County jail. His next court appearance for a probable-cause hearing is scheduled for 9 a.m. Oct. 13.

"If he is ever released from prison, he is to be immediately deported to his native land (Honduras) and is forbidden to enter the borders of the United States for the rest of his natural live," Downs said.

Excuse me, this guy deserves nothing less than the death penalty! Let's deport this guy to the land of fire and brimstone for an eternity.

"If he is ever released from prison, he is to be immediately deported to his native land (Honduras) and is forbidden to enter the borders of the United States for the rest of his natural live," Downs said.

Former Henderson County Sheriff's Office Detective Erik Summey said Rivera's legal status as a U.S. citizen was never determined.

If he wasnt illegal then, how could they deport him? Which is it?

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