DeLand, FL – The Deltona man facing the death penalty for allegedly murdering his wife and 2 step-kids nearly 2 years ago will have to go to trial in January.
That’s the word from Volusia County Circuit Judge Raul Zambrano after issuing a ruling on Friday delaying Luis Toledo’s request to indefinitely postpone his trial.
The 33-year-old man – one that authorities have said was a high-ranking member of the Latin Kings gang – was asking Zambrano to delay the trial until the United States Supreme Court ruled on another death penalty case in Florida.
That motion was among several filed by Toledo’s attorneys and argued in front of Zambrano during hearings on Monday and Tuesday at the Volusia County Courthouse in DeLand.
Jeff Deen – Toledo’s lead attorney – argued during Monday’s hearing that waiting on the nation’s highest court to make its verdict on Hurst v. Florida makes sense because he can’t give his client proper advice until that case is settled.
But in the ruling – which you can read in full by clicking here – Zambrano sided with the prosecution’s argument that there are constant death penalty challenges to the US Supreme Court and that it didn’t make any sense to delay the trial just for that reason.
Other motions from Toledo’s legal team include the jury not hearing about Toledo’s alleged ties to the Latin Kings and certain statements the 33-year-old man made to law enforcement, including those where Toledo allegedly admitted to killing Yessenia Suarez but denied killing her kids, 9-year-old Thalia Otto and 8-year-old Michael Otto.
Issues surrounding Toledo’s alleged gang ties led prosecutors and Toledo’s lawyers to agree to push the trial start date back 4 months during a similar hearing over the summer.
Toledo is also asking the judge to have the case heard outside of Volusia County due to heavy media coverage.
Zambrano hasn’t ruled on any of the other motions at this time.
Toledo is charged with second-degree murder in Suarez’s presumed death and first-degree murder in the presumed death of her kids.
Toledo has been in Volusia County Jail since October 23, 2013. That’s when he was arrested and charged.
The Volusia County Sheriff’s Office says Toledo admitted to killing Suarez after she allegedly cheated on him with a co-worker.
Toledo has entered not guilty pleas for all murder counts and has constantly received delays in his trial date for various reasons, almost all related to requests made by his legal team.
Authorities have not found the bodies of Suarez or of her children despite numerous search efforts made by VCSO as well as by some of Suarez’s family members. They are presumed dead at this point by VCSO.
Copyright 2015 Southern Stone Communications.