Judge approves motion to delay trial for man accused of killing - KLTV.com - Tyler, Longview, Jacksonville |ETX News

Judge approves motion to delay trial for man accused of killing Kayla Gomez-Orozco

Gustavo Zavala-Garcia (Source: Smith County Jail) Gustavo Zavala-Garcia (Source: Smith County Jail)

A judge has approved the joint motion to delay the trial for the man accused of killing 10-year-old Kayla Gomez-Orozco.

The attorney for Gustavo Zavala-Garcia, 24, who is charged with capital murder, and attorneys for the state filed a motion to delay the case on Thursday. The trial was scheduled to begin August 17.

Friday, Judge Jack Skeen Jr. agreed to the motion to extend the deadline for pre-trial motions to be filed.

According to Zavala-Garcia's attorney, J.Brett Harrison, there are massive amounts of evidence and DNA testing results that are not back that will need to be presented in court. In order to prepare and present meaningful pre-trial motions, the parties requested additional time to review the "voluminous amount of discovery in this case."

Harrison tells KLTV this is not uncommon in capital murder cases and he has known for a while that they were going to file for this joint motion. An exact date of a new trial has not been set.

Zavala Garcia was arrested and charged with capital murder this past November after the body of Gomez-Orozco was discovered inside a water well outside his residence off Old Jacksonville Highway in southern Smith County.  The family reported Gomez-Orozco missing after a church service in Bullard on Nov. 1. Zavala-Garcia, who is related to the child through marriage, is named among those who were the last to see her alive.

Zavala-Garcia has remained jailed in Smith County on a $10 million bond and an immigration detainer.

The State of Texas has filed its notice of intent to seek the Death Penalty for Zavala-Garcia. 

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