Modesto husband ordered to stand trial in wife’s stabbing death

A Stanislaus County sheriff’s deputy testified that a defendant accused of killing his wife answered the front door after a family fight was reported at the home in Modesto’s airport neighborhood.

“He appeared to have blood on his hands, his feet and some of his clothing,” deputy Cody Cheary said about defendant Jose Fajardo.

The deputy testified Tuesday in a preliminary hearing for Fajardo, who is charged with murder in the death of 30-year-old Marlene Rubi Sosa Fajardo.

The stabbing occurred Aug. 28, 2013, at their family’s home. The couple’s then-9-year-old son and 5-year-old daughter were home at the time but did not witness the stabbing. The husband’s brother called 911 about 12:40 a.m. to report the stabbing, and Jose Fajardo surrendered peacefully when deputies arrived.

Cheary said in court that standing directly behind Fajardo that night was the defendant’s brother, Eduardo Fajardo. The brother told the deputy that Jose Fajardo had stabbed his wife, Cheary testified.

The deputy handcuffed Jose Fajardo. Eduardo Fajardo said he was sleeping on the living-room couch when he awoke to sounds of screaming, Cheary testified. He told the deputy he got up and went to the master bedroom.

“(Eduardo Fajardo) saw the defendant stabbing the victim,” the deputy testified. He also said Eduardo Fajardo described grabbing the knife from his brother.

The defendant’s brother said, “Kill me instead,” according to the deputy. But the defendant took the knife back from his brother and continued to stab his wife, the deputy testified.

Stanislaus County forensic pathologist Sung-Ook Baik testified that the defendant’s wife was stabbed numerous times in the face, neck, chest, abdomen and back. He said the stab wounds included cuts to her jugular vein and carotid artery, and she died from blood loss.

Sheriff’s Lt. Brandon Kiely testified that her body was found in the master bathroom. He said a lot of blood was found all over the room, along with long strands of black hair on the bed, the floor and on the blade of a large knife with a black handle found in the bathroom. Kiely also said Fajardo had short hair when he was taken into custody.

On the witness stand, Eduardo Fajardo’s testimony differed from what he reportedly told authorities. Fajardo testified that he was awake and watching TV when he heard his brother’s wife screaming. He said he got up and listened through the door before opening it.

“Just saw her on the ground bleeding,” he said. “I saw my brother in the room standing.”

The defendant’s brother said he did not remember anything else about what happened that night, repeatedly answering questions from the prosecutor with “I don’t recall.”

He said he doesn’t recall seeing his brother stabbing his wife, but he did remember telling the deputy that. “That’s because I assumed seeing it,” Eduardo Fajardo said on the witness stand.

He testified that he doesn’t recall grabbing the knife from his brother or his brother shoving him away and telling him to get the kids out of the house. He also said he doesn’t recall the victim asking for his help, twice, including hearing her cry out, “Eddie, help me.”

“Everything happened so quick,” he said.

Eduardo Fajardo testified that he didn’t recall telling investigators that he saw his brother slicing the victim’s throat or that his brother pushed him out of the room and placed a clothes hamper at the door to barricade himself inside the master bedroom.

The defendant’s brother said he couldn’t remember being interviewed by detectives for nearly three hours at the Sheriff’s Department. The prosecutor told him the interview was recorded on video.

Deputy Public Defender Saul Garcia, Jose Fajardo’s attorney, argued that his client should face a charge of voluntary manslaughter. He told the judge this was a crime of passion in a “fit of rage,” and there was no planning and no motive.

Deputy District Attorney Elizabeth DeJong argued that Fajardo committed premeditated murder, evident in the “repeated bludgeoning” on both sides of her body. The prosecutor said a second weapon – a knife with a brown handle and bent, bloodied blade found under the bed – shows the defendant planned to attack his wife with two knives.

Stanislaus Superior Court Judge Dawna Reeves ordered Jose Fajardo to stand trial charged with murder and an enhancement of using a deadly weapon, a knife.

The judge scheduled the defendant to return to court Feb. 9 for an arraignment hearing. He remains in custody at the Stanislaus County Jail awaiting trial.

This story was originally published January 27, 2015 at 6:59 PM with the headline "Modesto husband ordered to stand trial in wife’s stabbing death."