Ector County Attorney to Pursue Death Sentence For One Man Accus - KWES NewsWest 9 / Midland, Odessa, Big Spring, TX: newswest9.com |

Ector County Attorney to Pursue Death Sentence For One Man Accused of Killing Five Year Old

Updated:

Brian Wise
NewsWest9

ODESSA- Three people, one possible death sentence. The death of five year old Zachary Dominguez has three people charged with capital murder.

According to the indictment, Zachary was hit, kicked and forced to take scalding hot liquids to his skin. He died of his injuries. Both Ralph Martinez Jr. and Evangelina Quezada are charged with the same offenses but only one is being faced with a possible death sentence. Kim Moore was also arrested, but the neither her nor Quezada have the same sentence as Martinez.

NewsWest 9 went to the district attorney to ask why. Ector County Attorney Bobby Bland said that though the charges are the same for Martinez and his Mother, the details of the case are what set them apart.

"She is charged with capital murder, just like he is. However, the facts surrounding her involvement are insufficient to seek the death penalty from a legal standpoint," Bland said.

From the papers NewsWest 9 received the causes of the charge were the same for both Martinez and Quezada. Both hit Zachary. Both hurt him with the scalding water. Bland could not give the details, but the district attorney said the trial will happen after the jury is hand-picked. 

"They give the questionnaires and begin the jury process August 22 and then the individual order will begin September 9. The trial on the evidence will begin in October," Bland said.

Quezada, the mother of Martinez, could still face the penalty of death, but like with all cases, it's up to the courts to decide.