Crime Fix with Angenette Levy - Judge Locks Up Man Who Executed Girlfriend and Unborn Child

Starting point is 00:00:00 Wondery Plus subscribers can binge all episodes of this law and crimes series ad-free right now. Join Wondery Plus in the Wondery app, Apple Podcasts, or Spotify. We're here today for sentencing after the defendant was found guilty of first-degree reckless homicide. He pled no contest to that charge. Five years after brutally murdering his pregnant girlfriend, and now the murderer is grappling with the consequences of his crimes. I know that words will not change anything. It doesn't matter what I say.

Starting point is 00:00:36 They will not change their opinion. But I'm here and I will accept punishment. I have the sad and horrific case of Rosalie Rodriguez and her unborn child out of Wisconsin and how much time the murderer is spending behind bars. Welcome to Crime Fix. I'm Anjanette Levy. The remains of 25-year-old Rosalie Rodriguez and her unborn child were found in a suitcase at an abandoned Chippewa County farm in Wisconsin back in October of 2020. She'd been missing since that July. After murdering Rodriguez, her boyfriend, 27-year-old

Starting point is 00:01:18 Jose Dominguez Garcia, went on the run. In December of 2021, he was charged with murdering Rosalie and their unborn child. Nearly two years would pass, and in November of 2023, police in Missouri pulled over Dominguez Garcia during a routine traffic stop, only to discover his connection to Rosalie's murder and the warrant for his arrest. The officer took him into custody. Now, typically, I would lay out all of the details of the case, but I'll let the judge do that. He went through the details at Dominguez-Garcia's sentencing after he pleaded no contest to the charges. So normally I'd make a short statement about those, but I'm going to make a long, longer statement of the facts because I think it's important. We have the defendant's version only,

Starting point is 00:02:08 and that is that he and the victim were fighting in his car, and he grabbed her by the throat, and while turning a corner, the car's momentum caused her strangulation and death. He advised at that time the victim was pregnant and we're not sure who the father is. This occurred on or about July 2nd, 2020. Victim's body was found badly decomposed in a rural triple county area

Starting point is 00:02:42 on or about october 14 2020 back up to the date the crime was committed it appears that after that date the fenneth sought to make the disappearance not recognized by the parties in fact he wanted the family to know that she was still alive. To do that, he used her phone to simulate calls between himself and the victim to friends and family indicating that she was alive. He did go on to retrieve and cash her paychecks. He went ahead and changed her bank access card and took money out of her account,

Starting point is 00:03:33 changed her PIN number, removed money from her account. He picked up her paychecks, used debit cards to buy gas, and stayed in hotels. In addition, after the death, the defendant checked out various websites, looking to see how long it would take for a human body to decompose, how to get into Mexico,

Starting point is 00:03:59 sought out storage units, sought out housing in Mexico. At some point, he moved to Missouri, side out storage units, sought out housing Mexico. At some point he moved to Missouri, following your girlfriend, started a family with her as a daughter there. Finally, on November 23rd of 23, he addressed on warrants that have been issued here in Chippewa County on August 18, 2020. Initially he was charged with two counts of first degree intentional homicide, one for Rosalie, one for the child.

Starting point is 00:04:35 He pled to first degree reckless homicide. I do note that the medical examiner could not determine the cause of death. There was no bone damage, although the defendant, I will note, did tell his new girlfriend in Missouri that he shot the victim between the eyes. I want to tell you about a free app that I've tried. It's called Upside. It gives you cash back on things that you use each day like gas, groceries and takeout. You can transfer the cash you get back straight into your bank account. When I pump gas or I go to Dunkin' for a cup of tea, I use Upside. I've even used it when I order pizza.

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Starting point is 00:05:45 one came from Rosalie's father. I find myself in front of a criminal, the murderer of my daughter, Jose Eduardo Dominguez Garcia. They were husband and wife. They were married according to the law. But he became a criminal and sadly he ripped off from me the biggest treasure of my life. And that's my daughter, Rosalie. But, Your Honor, this criminal had no compassion. He didn't put any value in human life. Not even for his own daughter or son that was on the way I called him repeatedly and I told him you're responsible for my daughter where's my daughter so before that I would call on the phone over and over and this criminal wouldn't answer.

Starting point is 00:07:33 And at the end he finally answered and he said, no dear father-in-law, your daughter just went to visit a friend. She took her passport, her purse, and her birth certificate. So I told this criminal, where is my daughter? You know where she's at. You're the husband. He said, no, father-in-law, our relationship is over. And after 20 days, he finally said, no, the relationship is over. And because of that, I said, sooner or later, I will see you in court because you are the

Starting point is 00:08:36 responsible as the husband of my daughter. During his statement, Rosalie's father talked about the type of woman she was. My daughter came to this beautiful country, the country of the seven wonderful things. She came here with a goal. She had her mindset. She went to the University San Martin. She was a professional. She was an expert in tourism. She came with dreams, she said,

Starting point is 00:09:14 Dad, I'm coming here, I'm going to get a better life for you. We said goodbye at the airport on November 29, 2018. She said, Daddy, I'm leaving. We're going to go for a better life. Please take care of the baby. She's going to be your support. Maybe my daughter, without knowing, had a bit of an idea of what was going to happen because of what she said to me. I wonder at what time this criminal came across her path that had low compassion and ripped her off from me. My daughter was a 23-year-old young lady. She was a single mother. I won't deny that. I knew her inside out.

Starting point is 00:10:37 I knew her very well. She was very responsible. She was providing for her daughter that stayed with us. And she came to this country with big dreams just as many other people come here to be a student with better hopes to be a good citizen and move to a better life. But sadly, she crossed paths with a criminal that had no compassion. And that's the reason that I'm here today. I'm asking for justice. Then Rosalie's sister addressed the court about the defendant's shocking betrayal. I lost my sister and my whole family was fell into pieces. And I see my niece that she doesn't have a father and now she doesn't have a mother. And she's apart.

Starting point is 00:12:19 And she's apart, she's far away from the rest of the family. She cannot celebrate Mother's Day or Father's Day or Christmas or anything. It's not the same anymore to come here and look for my sister and be with her friends and look for her online. I'm not ever going to get my sister back. After hearing victim impact statements, Garcia Dominguez's attorney spoke on his behalf. We are here today because Jose Dominguez Garcia has pled to and been convicted of the charge of first-degree reckless homicide. He has acknowledged that he engaged in criminally reckless conduct that was so utterly unreasonable

Starting point is 00:13:29 that it resulted in the tragedy of a lifetime. I can tell the court that when the proposal was made to resolve the case in this way, there was not much hesitation on our end to accept it. It wasn't a case full of negotiated haggling and you give us this, we'll take that. It was not like that. We received this offer. We accepted it in relatively quick fashion because, frankly, it's a result that Mr. Dominguez Garcia knew was consistent with the truth. Then Chippewa County District Attorney Wade Newell made his recommendation for a lengthy prison sentence. I understand that the father wants there to be life without the possibility of parole.

Starting point is 00:14:18 We all know that's not possible. But what is possible is a statutory maximum of 60 years, 40 years of initial confinement, followed by 20 years of extended supervision. That is possible. That is the statutory maximum. That's within the range of what is allowed by this court, and it is warranted in this particular case. Obviously, when you look at any sort of case, you look at what's the worst scenario that you could have with a first-degree reckless homicide, and what's the least worst sort of situation. I think when it involves both the taking of the life of the victim and her unborn child, that puts it on the very aggravated side of that spectrum and that the 40 years of the 40 years is appropriate obviously no one in this

Starting point is 00:15:12 manner is asking for probation but the law does require that we look at probation as the first possible first possible option and I obviously I don't think anyone disagrees with the fact that probation would unduly depreciate the seriousness of the of the crime my recommendation is not based upon the emotions of the family long very sensitive to the victims that spoke in what they said is this this can't be an emotion based sentence it has to be a legally based sentence based upon the that spoke in what they said is this can't be an emotion-based sentence. It has to be a legally-based sentence based upon the totality of the circumstances and the factors the courts to determine.

Starting point is 00:15:55 But I believe a recommendation of just 60 years of initial time in prison for two lives lost under these circumstances by this individual with this character would not be just. I think what is just would be for the defendant to be held accountable for the two lives that he took and the fact that he has probably to this day never come totally honest and clean with what he did in this matter. What he does is do stuff to protect Jose and only worried about Jose and not about anyone else. Then Dominguez Garcia's attorney argues for a much shorter punishment with less prison time, followed by probation. Our recommendation for 20 years of 16 years of initial confinement, all by four years extended supervision, will punish Mr. Dominguez-Garcia.

Starting point is 00:16:55 That is a straight incarceration sentence based on truth in sentencing with no chance for substance abuse program or the challenge incarceration program. That will punish him. That is a sentence that is in line with what the legislature has authorized the court to do in a case like this. I think it's worth pointing out that the state's recommendation of 40 years, quite frankly, would be greater than that of someone who was convicted of first-degree intentional homicide. Ahead of sentencing him, Judge Isaacson gave Jose Dominguez-Garcia an opportunity to make a statement of his own. Yeah, I would love to speak to the court about it, and I read the statements from the family, and I paid attention to everything and I want to tell the mother of Rosalie that

Starting point is 00:17:46 everything happened on July 2nd at 10 30 p.m. I know that words will not change anything it doesn't matter why I say they will not change their opinion but I'm here and I will accept punishment and I really feel bad for the family. I want to tell them that I feel so sorry, so sorry. And I think that's all. What can I say? Now let's listen as Judge Isaacson announces the sentence. I think the fact that you were on the run for four years

Starting point is 00:18:23 speaks volumes about your character. Confinement is necessary, everybody agrees with that. be appropriate. Um, and as I've got to address this, but it's just in passing, even consider probation until he depreciates the seriousness of this offense. I read through these things, folks, the victim impact statements,

Starting point is 00:19:15 and I understand dad and sister's concern. How do you tell a nine-year-old her mother was murdered? How do you tell a nine-year-old her mom's not coming back? I don't have an answer for that. But Mr. Omega-Garcia Garcia I think that the appropriate sentence here is 40 years in the system 25 in 15 out I will note that that's more than the PSI writer indicated I think it warrants, your actions warrant, your responsibility to the crime, I think that all warrants that sentence. Following the hearing, Rosalie's father

Starting point is 00:19:53 shared his mixed emotions and feelings about the sentence imposed by Judge Isaacson. a la ley de Chavarría, yo diría que el juez está a favor nuestro, pero yo quería, me hubiera gustado la pena más alta, pero somos respetuosos de las leyes de aquí. Como dejó huérfana a mi pequeña que está en Perú, como le dije, no tuvo compasión. Ojalá que le caiga, o ya le cayó todo el peso de la ley. Él nunca pensó de que si iba a escapar, a pesar de que se ha escapado, pensó que nunca la iban a capturar, pero al fin se dio esta sentencia, solamente que se pudre en la cárcel y gracias por todo. Mi bebé, Rosalí, que descanse en paz, pero The court ordered that Rosalie's remains be released to her family. They want to have a funeral for her in Peru. As for Dominguez Garcia, he is ordered to spend the next 25 years in prison. And after that, he'll spend 15 years

Starting point is 00:21:25 on extended supervision after serving his prison time. And that's it for this episode of Crime Fix. I'm E.N. Jeanette Levy. Thank you so much for being with me. I'll see you back here next time.

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Crime Fix with Angenette Levy - Judge Locks Up Man Who Executed Girlfriend and Unborn Child

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