Man who killed Modesto mother of two takes plea deal a week before his trial
A Modesto man has pleaded guilty to murdering the young mother of their two children in a case of escalating domestic violence.
According to a press release from the Stanislaus County District Attorney’s Office, Jose Cruz Nery Cuevas broke into the south Modesto home of 19-year-old Andrea Castro and smothered her with his hand on Jan. 22, 2016.
Castro’s family told The Bee Cuevas had become increasingly controlling about four months before her death. Castro told them he’d been preventing her from seeing family by taking her phone, keys and sometimes locking her in the house.
Less than two weeks prior to her death, Castro survived an attack in which Cuevas covered her mouth and nose with his hand until she lost consciousness. Castro obtained a restraining order against Cuevas and was trying to get custody of their children, ages 5 and 16 months, when she was murdered.
Prosecutors say Cuevas broke into Castro’s home while she was gone, sent her a text message saying he’d left money for her in the mailbox, then waited for her to return with their 16-month-old daughter.
In an interview with police after his arrest, Cuevas told officers he was talking to Castro but then they began to argue.
“Cuevas claimed Castro started yelling and began to hit him,” according to the press release. “In response, he again put his hand over Castro’s nose and mouth until she went unconscious.”
Cuevas then took their daughter and left in Castro’s car.
He dropped off his daughter at his mother’s house, then got a ride from a friend to Bakersfield.
Kern County sheriff’s deputies arrested Cuevas at a diner after he called 911 to turn himself in, according to the release.
An autopsy showed Castro died from lack of oxygen due to smothering. The pathologist also found blunt force trauma to the back of her head, something Cuevas was unable to explain during his interview, according to the release.
He was charged with first-degree murder and attempted murder for the attack 11 days prior. He also faced a special circumstance of lying in wait, which if found true would have made him eligible for a sentence of life in prison without the possibility of parole.
On May 6, a week before his trial was scheduled to begin, Cuevas, 29, pleaded guilty to first-degree premeditated murder. The attempted murder charge and the special circumstance on the murder were dismissed in exchange for the plea.
Cuevas is scheduled to be sentenced on July 5 to a term of 25 years to life in prison. As part of his plea agreement, he will not receive any custody credits from the date of his arrest in 2016 up to the date of sentencing, according to the release.
However, Cuevas will be sentenced as a youthful offender because he committed the crime before the age of 26, according to his attorney Lewis Wentz. He would not have been eligible if the special circumstance allegation was not dismissed, Wentz said.
What that means is that Cuevas could be eligible for parole in as soon as nine years due to credits that can be afforded to youthful offenders for good behavior and educational attainment, according to Wentz. He said an organization out of the Bay Area called Community Resource Initiative has mitigation specialists who will follow Cuevas’ case and help him prepare for parole hearings.
This story was originally published May 18, 2022 at 7:15 AM.
