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Mexican justice has extended the sentence for Cuban citizen Elier Cruz S. to 31 years, found guilty of the disappearance of his partner, Marybell Valenzuela Herrera, which occurred on April 15, 2022, in the municipality of Ojinaga, in the state of Chihuahua.
The new sentence has been issued following an appeal filed by the Specialized Prosecutor's Office for the Care of Women Victims of Gender-Based Violence and Family Violence (FEM), which deemed the initial sentence of 28 years insufficient.
"Thank God because they extended this man's sentence who ruined our lives; even with that, he won't pay for all the damage and pain," said Denisse Valenzuela, the victim's sister, in tears after the judicial decision was announced, according to reports from the Mexican press.
Background of the case
Marybell Valenzuela, an American national and 37 years old at the time she went missing, disappeared after leaving her home on April 15, 2022 -in the town of Ojinaga- to meet with Elier Cruz, with whom she had been in a relationship for two years.
Since then, her family has not heard anything from her.
The disappearance was reported immediately, and the investigations pointed to her partner as the main suspect from the outset.
The case was taken on by the FEM at the request of the victim's family, who demanded that the process be moved from Ojinaga to the state capital, where there was greater institutional capacity to address cases with a gender perspective.
Mexican authorities classified the crime as Aggravated Disappearance by Individuals, a figure outlined in the General Law on Enforced Disappearance and Disappearance Committed by Individuals.
This classification includes sentences of up to 75 years in prison when the victim is a woman, due to the aggravating circumstances based on gender, which was a key point in the FEM's appeal.
According to Mexican legislation, the minimum penalty for this type of aggravated crime is 37 years and six months, although the initial ruling had only imposed 28 years.
Finally, the court has decided to increase the sentence to 31 years, partially granting the appeal filed by the prosecution.
Detention and judicial process
Elier Cruz, 36 years old, was arrested in the United States and handed over to Mexican authorities at the end of April 2022. The arrest warrant was executed on the 28th at the Presidio-Ojinaga international bridge.
The hearing for the formulation of charges was held on April 29, and on May 4, he was linked to criminal proceedings, with preventive detention as a precautionary measure.
During the investigation stage, authorities gathered testimonies and evidence that directly link Elier to the disappearance.
The day after the meeting with Marybell, surveillance cameras recorded him visiting a barbershop alone in Chihuahua, where he got his hair and beard cut.
Subsequently, he took a bus to Tijuana, from where he crossed the border into the U.S., which was seen as a clear intention to flee.
Elier was then working at the company Solitaire, which specializes in the manufacture of bodies and trailers, and he was detained by U.S. immigration authorities before being handed over to Mexico.
Marybell's absence was reported by her family and friends, who from the beginning raised the alarm on social media about her disappearance, directly pointing to her partner as responsible.
"Please help me share, my friend has been missing since Friday. She lives in Ojinaga, she went to meet her partner, a Cuban named Eiler C., the next day the car appeared, but she did not. The Cuban is no longer in Ojinaga and took her cellphone," said one of the first posts that circulated on social media.
Family impact and active search
Marybell Valenzuela left behind four minor children: three girls aged 17, 12, and 6, and one boy aged 14.
Since the moment of her disappearance, the family has not stopped searching for her or demanding justice.
Her sister Denisse was one of the most active voices on social media, sharing images, testimonies, and messages of hope, in addition to offering a reward of 200,000 Mexican pesos (about 10,000 dollars) for anyone who provided information that could help locate her.
To date, their whereabouts remain unknown, and the authorities continue to keep the search open.
The FEM has emphasized the importance of continuing to investigate the case as a disappearance due to gender reasons, in a national context where thousands of women go missing each year, many of them victims of their own partners or former romantic partners.
Partial justice, but no resolution
Despite the increase in the sentence, Marybell's family insists that justice is still not complete as long as her whereabouts remain unknown and she has not been found.
“This pain cannot be erased with years in prison, but at least we know it will not go unpunished,” commented one of their close family members.
The case adds to the alarming list of women who have gone missing in Mexico, a country where impunity and gender-based violence continue to take lives and devastate families.
Frequently Asked Questions about the Disappearance and Sentencing in the Case of Marybell Valenzuela
What was the final sentence for Elier Cruz S. in the Marybell Valenzuela case?
Elier Cruz S. was sentenced to 31 years in prison for the disappearance of his partner, Marybell Valenzuela Herrera, following an appeal by the Specialized Prosecutor's Office for the Attention of Women Victims of Gender-Based Violence and Family Crimes.
Why was the initial sentence of Elier Cruz S. increased?
The initial sentence of 28 years was deemed insufficient by the Prosecutor's Office, which argued for a harsher penalty due to the aggravating circumstances related to gender. The court increased the sentence to 31 years, although the minimum penalty for this crime with aggravating factors is 37 years and six months.
What actions did Marybell Valenzuela's family take after her disappearance?
Marybell Valenzuela's family reported her disappearance immediately and demanded that the process be moved to the state capital for better handling of the case. They have maintained an active and constant search, also using social media to raise awareness of the case and offer a reward for anyone who provides information about her whereabouts.
What has been key in the investigation of the Marybell Valenzuela case?
The classification of the crime as Aggravated Disappearance by Private Individuals was fundamental, as it includes severe penalties due to the aggravating circumstance of gender motives. This approach allowed Mexican authorities to handle the case with the seriousness and rigor required.
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