Judge calls deadly stabbing ‘most gruesome case’ before sentencing Modesto man

Stanislaus Superior Court Judge Ricardo Córdova called it the worst display of violence he’s ever seen. Jose Fajardo stabbed his wife, Marlene Rubi Sosa Fajardo, 67 times, because she wanted to end their marriage. The judge said Fajardo felt that if he couldn’t have her, nobody else would.

“In my view, this is the most gruesome case I’ve ever handled,” Córdova said from the bench Wednesday morning during Fajardo’s sentencing hearing.

A jury in late October convicted Fajardo on a charge of second-degree murder. The judge handed down the maximum sentence for such a charge with an enhancement for using a knife. Fajardo, now 34, will serve 16 years to life in prison.

George Sosa, the victim’s brother, recognized that the court’s sentence was limited to the charge on which he was convicted. He would’ve rather had the defendant spend the rest of his life in prison without the chance of parole. Or at least 67 years in prison – one year for every stab wound his sister suffered, he said.

“He stabbed her 67 times, slashing her throat ... with no emotion,” Sosa told the judge.

The court gave the victim’s family an opportunity to speak before the sentencing.

Sosa told the judge that Fajardo intended to kill his wife on Aug. 28, 2013. He said they now know that the defendant forced his wife into having sex with him, and he tried to collect life insurance money after her death. He said that information, which could have shown motive for the crime, was deemed inadmissable and not presented to the jury.

“The defendant has shown no regret for the murder,” Sosa said in court.

Fajardo and his attorney, Deputy Public Defender Saul Garcia, chose not speak in court Wednesday. Fajardo fought back tears as he listened to audio recordings of his children, 12-year-old Jose Jr. and 7-year-old Sophia.

The children, then 10 and 5 years old, were at their family’s Modesto home when their father stabbed their mother repeatedly as she begged him to stop. Judge Córdova said it was fortunate that the children did not witness the attack or the crime scene, or else this crime would have had an even worse emotional effect on them.

Deputy District Attorney Beth O’Hara DeJong, who prosecuted the case, played audio recordings of the children reading a letter they wrote to their mother.

Jose Jr. said he misses his mom. He recalled memories of his mom playing a huge role in his education, speaking to teachers about his school work. He said he wishes his mom was still around so she could take him to see the latest “Star Wars” movie.

“I miss the good things that you did ... and I’ll give up anything to be with you,” the boy said.

The children both said they wished their dad had not done what he did.

Sophia said her mom was the best thing in her heart.

“You are going to be in my heart until I get to meet you again,” she said.

The victim’s brother told the judge that the defendant robbed their family of all the special moments they could have shared with his sister. He said her children will never get to hug and kiss their mother again.

“Perhaps now our family can start the healing process,” Sosa said.

The judge ordered the defendant to pay $15,800 in restitution to the victim’s family, which includes the cost of counseling for the children. Sosa told the judge that his family has paid for his sister’s funeral and lawyers to settle legal guardianship for the children.

“Your actions have devastated three generations of the Sosa family, not to mention your family,” Córdova told the defendant.

The judge also told the defendant that his children will essentially be orphaned, since Fajardo will not be allowed to see them until he is released from prison.

In her opening statement in the trial, DeJong said the victim wanted a divorce, and she made that clear to her husband. She was unhappy with their marriage and the couple made plans to continue living in the same house on Santa Ana Avenue until the divorce could be finalized.

The defense attorney told the jury Marlene Fajardo began seeking the attention of a co-worker. He said she often would send the co-worker text messages and make phone calls that seemed romantic.

Several hours before the stabbing, the defendant went to his wife’s workplace, suspecting an extramarital affair. When he arrived, he spotted his wife chatting with her co-worker near a parked car. Jose Fajardo assaulted the man, who didn’t fight back, the defense attorney said. Jose Fajardo left soon after.

The couple later that evening discussed their dispute for about an hour outside in their parked car. Then, they went back inside the house, and life appeared to return to normal.

The stabbing occurred about 12:40 a.m., according to authorities. The defendant’s brother, Eduardo Fajardo, said his sister-in-law called out to him, “Help me, Eddie. Help me,” according to the prosecutor. DeJong told the jury he found the defendant stabbing his wife repeatedly.

Eduardo Fajardo told deputies he grabbed the knife from his brother, saying, “Kill me instead,” the prosecutor told the jurors. But the defendant took the knife back from his brother and continued to stab his wife.

At one point, Marlene Fajardo told her husband she was pregnant, while he continued to stab her as she crawled to a bathroom. She was not pregnant. DeJong argued that this was her “last chance at survival,” hoping her husband would stop stabbing her.

Marlene Fajardo was found dead in the master bathroom. Her husband’s brother called 911 to report the stabbing, and Jose Fajardo surrendered peacefully when deputies arrived.

The defense attorney argued at trial that the defendant’s actions were based on emotion, done in the heat of passion, and that the jury should consider a conviction of voluntary manslaughter.

Investigators found two bloodied knives at the home that night. DeJong said one of the knives was found under a bed with a bent blade. She told the jury that the evidence shows Jose Fajardo should be convicted of first-degree murder.

On Wednesday, the prosecutor agreed with the judge that it was a gruesome crime. DeJong told the judge, “I had hoped for first-degree (murder), but the jury has made its decision.”

This story was originally published December 2, 2015 at 3:03 PM with the headline "Judge calls deadly stabbing ‘most gruesome case’ before sentencing Modesto man."