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Saturday, December 21, 2024 at 11:24 PM
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Murillo Receives 10-25 Years for Principal to Manslaughter in Fatal Shooting of Ex-Husband

Pictured far left, ADA Jeff Weed with Murillo’s defense attorney, Ken Lyon, and Ofelia Murillo after sentence was pronounced.

Author: Photo by Leanna Lehman with the Court’s permission.

The answer to the question, "Who really killed Caesar Alvarado?" remains a mystery. Fabian Caballero, a long-time family friend of Alvarado, and Alvarado’s former wife, Ofelia Murillo, stand accused of the fatal shooting. Caballero's whereabouts remain unknown, as he fled to Mexico with Murillo in the fall of 2020, where he then disappeared into the landscape of his home country. Murillo, however, returned to the place she has long considered her home – Fallon, Nevada. And it is she who has had to face the legal consequences of such an act and will spend 10 to 25 years in prison.

It began in the quiet predawn hours of a modest residential neighborhood on September 25, 2020. Caesar Alvarado, 38 years old, was at his home at 1990 Spring Lane when at around 3:30 a.m., neighbors reported hearing shots fired. Soon after, law enforcement was on the scene and discovered that he had been shot several times with a 9mm handgun.

Neighbors reported seeing a vehicle parked near Alvarado's home around the time of the shooting. Murillo later admitted she was the driver of the vehicle. The next day, the couple fled to Mexico, where they were caught on camera crossing the U.S. border into Mexico.

By November, Murillo had returned to the U.S. and was in custody. On November 17, 2020, she appeared in Justice Court before Judge Benjamin Trotter. She was formally charged with: (1) murder in the first degree, a deliberate and premeditated killing, (2) use of a deadly weapon in the commission of a crime, (3) principal to the commission of a felony by direct or indirect involvement of the crime (aiding, abetting, hiring, encouraging, etc.), (4) criminal conspiracy, (5) destroying or concealing evidence, and (6) driving without a valid driver's license. Murillo denied any involvement in the killing and remained in custody on a $1 million bond. According to Churchill County Chief Deputy District Attorney Lane Mills, who was initially prosecuting the case, Murillo and Caballero were "lying in wait" to kill Alvarado, after which they fled the country.

Although the wheels of justice kept turning, it would be a year before the case would move forward. Murillo finally appeared with Ken Lyon, Esq., who was present on behalf of high-profile Reno defense attorney David Houston Esq. On November 30, 2021, Murillo was re-arraigned, where she pled guilty to Principal Voluntary Manslaughter, with the Use of a Deadly Weapon or Firearm and Grand Larceny of a Motor Vehicle. Per the terms of her plea agreement, all other charges would be dropped. Upon accepting Murillo's plea, District Court Judge Thomas Stockard recused himself from further proceedings, citing a conflict of interest, and turned the matter over to senior court judge Jim S. Shirley from Lander County.

On February 28, 2022, a year and a half after the incident and 482 days after being taken into custody, Murillo appeared for sentencing. Arguments from the defense painted a vastly different picture of Murillo than that of the prosecution. According to Lyon, his client had multiple opportunities to work with law enforcement and did not. Admittedly, she made many bad choices. However, he believed there were many mitigating factors behind Murillo's decisions.

Lyon explained that Murillo came to the U.S. when she was 13. She later met Alvarado, whom she was married to for 18 years. Having one daughter together, she had four other daughters in the area. The couple successfully ran the Waterhole restaurant for 13 years, only divorcing a few years before the incident. "She has always been a productive member of the community," said Lyon. "The people that know her say that she has a good heart, that she is a caring individual that would often help people in need." Which, explained Lyon, is how Caballero came to be part of the couple's life 15 years prior. "He was homeless, and on the street, she saw him and brought him into the family in order to give him a place to stay and to keep him safe," Lyon said. "He basically integrated himself into the family." After their divorce, a dispute arose between Caballero and Alvarado.

Lyon told the Court that Caballero preyed on his client's good nature to "wind her up into the events" that resulted in Alvarado's death. "One morning, Caballero asked her to take him for a ride to Mr. Alvarado's house. It was her understanding that they were in an argument and Mr. Caballero was just going to confront Mr. Alvarado about that dispute," Lyon stated, "She had no understanding that there was a weapon involved or that it was Mr. Caballero's intent to shoot and kill Mr. Alvarado. Lyon argued that his client was not directly involved in the killing.

"We don't know what his intent was that morning, and we don't know what took place," said Lyon. "She was certainly there and involved, but whether she had a full understanding of his intent and what he expected to do that day - that is the issue. We know he was the shooter. He was the one that killed Mr. Alvarado." She heard the shots and did not know whether Alvarado had been killed. She certainly assisted, knowing shots were fired.

"So why would she lie and continue to lie?" asked Lyon. "The honest answer – she was scared and didn't know what to do." 

Lyon further argued that his client's choices resulted from her being a victim of the male-dominated culture in which she grew up, where it is not good for a woman to disobey a man or go against the directives of a dominant male her life. "I think she was caught up in a situation she didn't fully understand. Her background and culture, quite frankly, did not give her the skills to be strong enough to come forward and do what society and other people may have expected of her," explained Lyon. "Her experiences may have led to her decisions that day and thereafter. They were bad decisions, and she knows that now."

Concerning the vehicle Murillo took to flee to Mexico, Lyon reported that she technically had access as Alvarado owned it, although he had given it to their daughter. At this point, Caballero was well aware that law enforcement was investigating the case, that they had talked to Murillo, that they were closing in, and were aware that he was the one that shot and killed Alvarado that morning. "Knowing that he could take advantage of her and her good nature, he had her take her daughter's vehicle and drive him to Mexico in an attempt to get away," continued Lyon. "She was under a sphere of influence, so to speak, and she was well aware of the dangers he posed to herself and her family. She made the decision to take him to Mexico believing she would be able to return with her daughter's vehicle." According to Lyon, Caballero abandoned her once they crossed the border, taking the vehicle. "Even at this point, she didn't understand her involvement. She continued to deceive law enforcement until they were able to confront her with evidence that quite frankly was irrefutable." 

Lyon asked the Court to consider granting a concurrent sentence for the Grand Larceny charge on these arguments. Assistant District Attorney Jeffery Weed, now appearing for the prosecution, contradicted Lyon's assertions stating, "The defendant is not some innocent victim." According to Weed, Murillo repeatedly lied throughout the investigation. After the shooting, she was even seen on camera at Walmart, giving hugs and sharing high-fives with coworkers. "She claims she is a victim of her culture and Hispanic heritage, yet there is evidence that she had a very tense relationship with the victim, was verbally abusive, and controlling." She left her teenage daughter here and told no one that she was leaving for Mexico. "This is not someone in fear of the co-defendant – this is someone in fear of what might happen to her."

Additionally, Murillo told law enforcement that she drove across the border and dropped Caballero off, who got in a taxi and left. He did not abandon her - contrary to what the defense told the Court. "This is an individual who needs to spend time in prison. There comes a time when the character, criminal history, and strong family support are outweighed by the crime that occurred.” With that, the State rested.

"I am so sorry about all of this that is happening," Murillo said in her statement to the Court. In an emotionally charged and tightly packed courtroom, Jim C. Shirley, Eleventh District Court Judge, presided over the matter, sitting in for Judge Thomas Stockard. Upon lengthy consideration of the arguments and exhibits entered into evidence, Judge Shirley made his ruling. "I understand your argument," he said, "but this is hardly recompense for Mr. Alvarado's family and what they have lost.”

Murillo received the maximum on all counts with 8-20 years for Principal Voluntary Manslaughter with the Use of a Deadly Weapon and an additional 2-5 years for Grand Larceny of Motor Vehicle, an aggregate sentence of 10-25 years.

The Fallon Post reached out to the District Attorney's Office for comment; however, this remains an open investigation as Caballero has yet to be apprehended. As such, they were unable to comment.

 

 

 


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