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Arrest warrant: Suspect in Kayla Gomez-Orozco case took polygraph test

Published: Nov. 8, 2016 at 4:08 PM CST|Updated: Nov. 3, 2017 at 7:50 PM CDT
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Gustavo Zavala-Garcia. (Source: KLTV)
Gustavo Zavala-Garcia. (Source: KLTV)
Gustavo Zavala-Garcia (Source: Smith County Jail)
Gustavo Zavala-Garcia (Source: Smith County Jail)
Kayla Gomez-Orozco (Source: Family photo)
Kayla Gomez-Orozco (Source: Family photo)

SMITH COUNTY, TX (KLTV) - An arrest affidavit is revealing new details in the case of Kayla Gomez-Orozco, who was found dead after a days-long search.

Monday, an arrest warrant for capital murder was filed against Gustavo Zavala-Garcia, 24, of Mexico, according to Smith County Sheriff Larry Smith. He was later arraigned Tuesday in a Smith County courtroom.

Officials say Zavala-Garcia is the primary suspect in the case after Kayla Gomez-Orozco went missing during a Nov. 1 prayer service at a church in Bullard. Her body was later found in a water well at Zavala-Garcia's home on FM 2493.

Tuesday, KLTV obtained an arrest warrant affidavit, filed by Smith County officials.

The document shows that during a consensual polygraph examination, Zavala-Garcia answered yes to questions regarding causing the death of Kayla. He then recanted his answers.

The document alleges that Zavala-Garcia told investigators he arrived with his 3-year-old daughter to attend services at the church. He told officials he worshipped for about 30 minutes and saw Kayla in the lobby when he left with his daughter. He told investigators that "he was in the house a few minutes when his wife ... received a phone call from the mother of the missing child."

An excerpt from the arrest warrant affidavit shows what led investigators to identify Gustavo Zavala-Garcia as a suspect in the case.

"Information received from a church member ... revealed Suspected Party, his 3-year-old daughter, and Victim were observed walking out of the sanctuary. The (church member) was entering the front lobby of the church when the aforementioned three persons were exiting. Suspected Party later tells a member of the church that Victim went back inside and sat in a chair.

Between 19:51 hours 44. 19:55 hours, the Victim was discovered missing. Based on evidence located at the Suspected Place, Investigators believed Suspected Party took Victim in his vehicle when he left the church."

Investigators later interviewed Zavala-Garcia's wife who told them that he walked into the house after she had taken a call about the missing child.

"Based on the time frame given by suspected party and (wife), there is an approximate 30-minute discrepancy," the document states.

Officials then contacted Verizon Wireless to study the suspect's call records. They found discrepancies between the records and Zavala-Garcia's story.

"Investigators believe the seventeen minutes of time difference between Suspected Parties arrival and time that Ester described Suspected Party entering the residence is when Suspected Party concealed the Victim in the well," the document states.

During a Nov. 5 consensual search of property on FM 2493, officials discovered a child's body in a concrete pipe well on the property.

"The concrete well is on the same property and in close proximity to the residence that suspected party lives in," the document states. "At that time, the consensual search was stopped, scene secured and suspected party's wife and daughter were moved to another location."

READ MORE: Officials describe discovery of murder suspect, recovery efforts

Zavala-Garcia was arrested Saturday night on an immigration detainer, according to Smith County Jail records.

According to the U.S. Department of Immigration and Customs Enforcement, Zavala-Garcia illegally entered the U.S. at an unknown date and unknown location. ICE officers first lodged a detainer on Zavala-Garcia on Oct. 10, 2014 after he was convicted in Smith County for assaulting a family member.

He entered ICE custody on Oct. 21, 2014 and was released on bond the same day. ICE said the 2014 case has not made it through the immigration courts.

READ MORE: Visitation set for Kayla Gomez-Orozco, funeral open to public
RELATED: Man charged with capital murder for killing 10-year-old has criminal history

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