Murder charge dropped against Big Isle man
HAWAII COUNTY POLICE
Xavier “Pee Wee” Cortez Jr.
HILO » The state has dropped one of two murder charges against a Big Island man accused of beating a baby to death and strangling the child’s mother almost nine months later.
A judge dismissed the charge against Xavier Cortez Jr. in the September 2011 death of his girlfriend, Sommer Ferreira, on Wednesday, The Hawaii Tribune-Herald reports.
County Prosecutor Mitch Roth said prosecutors asked the judge to dismiss the case for now because of problems they had gathering witnesses for the case.
Cortez’s trial for his girlfriend’s death had been set to resume Monday after appeals had halted jury selection at least twice. The murder charge was dismissed without prejudice, meaning prosecutors can choose to refile charges at a later date.
Cortez is still charged with the January 2011 death of Ferreira’s 18-month-old daughter, who died at a hospital a week after being admitted for breathing problems. Trial for that case is scheduled for May 3.
Stanton Oshiro, Cortez’s attorney, had argued for prosecutors not to be able to refile charges in Ferreira’s death, saying it would have an impact on his client’s upcoming trial.
“Now he has to think about whether or not he can take the stand and testify in his own defense,” Oshiro said.
Oshiro blamed the delays in bringing the case to trial on the state. He said he would have filed a motion to dismiss the case on the basis of a right to a speedy trial, but that Cortez wanted “to have his day in court and to prove his innocence.”
11 responses to “Murder charge dropped against Big Isle man”
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In the Nei, one can get away with murder. Especially on the problem-plagued Big Island.
Many unsolved crimes in Hawaii. Thread carefully, allie.
Yep, just another one. But, he will be convicted for killing the woman’s baby. It’s obvious that he killed the mother so she would not be able to testify against him for killing her 18 month old baby. Unfortunately, the stupid Parole Dept. will let him out in 8 years and he will be back on the streets to commit mayhem once again. Same old story.
giggle…
Yep, just another slug. But, he will be convicted for killing the woman’s baby. It’s obvious that he killed the mother so she would not be able to testify against him for killing her 18 month old baby. Unfortunately, the stupid Parole Dept. will let him out in 8 years and he will be back on the streets to commit mayhem once again. Same old story.
Why can’t he be charges and trialed. He should had the death penality and the State doesn’t have to worry about another trial.
Send him to be stoned to death in Iran.
No need to send him all the way to Iran. We have plenty of imu rocks here that would work just fine.
A premeditated crime requires good planning.
You maybe able to escape serving time on Earth, but not so much at the Pearly Gates.
Always let your attorney file a motion to dismiss based upon the prosecutor’s failure to comply with speedy trial trial. What is Cortez thinking? Most defendants in trials are found guilty.