The Misery Machine - The Case of Marion Jester Montoya

Starting point is 00:00:00 Marion Aviana Rebecca Jester Montoya was born on February 10th, 2019, to parents Veronica Marie Weems and Emilio Montoya. Marion's paternal grandmother was named Sheila Montoya, who she affectionately called Mimi. Now, when Marion was born, she was originally named Marianne Aviana Rebecca Jester. After her grandfather Ramon passed away in June of 2019 after battling liver cancer, Marian's surname was changed to Jester Montoya in honor of her deceased grandfather. Now at the time of our story, Marion was a beautiful 10-month-old baby girl with sweet brown eyes, chubby cheeks, and an adorable smile. Like most babies, Marion loved Playtime.

Starting point is 00:00:45 She enjoyed bouncing around, chasing her pets named Artie, Graham and Lily, playing with her dolls, and helping her dad play his video games. When all the playing had tired her out, Marion liked to run. relaxed by cuddling with her dad and eating her favorite snacks, which were Cheetos, pups, and mac and cheese. She was a smart baby and could ask for things she wanted and could say yes, no, and hi, Dada. At a-uh-ah-ah-ah-ha-ha-ha-ha-ha-ha-ha-ha-ha-ha-ha-a. You have a lot to say this morning. At 10 months old, Marion was already beginning to walk and learn.

Starting point is 00:01:28 to swim. She was definitely a water baby who loved to float on her back and splash around as she kicked her little legs. One of Marion's favorite toys was a stuffed elephant that played the song to your ears hang low. She loved that song and would dance to it over and over again. And if her dad was too slow at pushing the button to play the song, she would yell at him. Marion lived in Lubbock, a small Texan city bordering New Mexico. Overall, baby Marion was a very smart and very loving of joy with a smile and personality that could light up a room. Veronica Marie Hager, nickname Ronnie, was born in 1998. While her maiden name was Hager, she also used the surnames, Jester, Piles, and Wienes.

Starting point is 00:02:12 Jester was her stepfather's name. Piles was her mother's maiden name, and Wienz was the name of her ex-husband Thomas Wayne Wienes. Veronica's birthplace was Midland, Texas, but she grew up in Wolfsirth, a small suburb on the outskirts of Lubbock. Teenager, her Instagram account was littered with posts about her relationships and her mental health. December 20th, 2013, she posted, Stop asking if I'm okay. I'm tired of lying. Prior, she had shared a photo of her wrists with the caption,

Starting point is 00:02:41 I have hurt myself a bunch of times. I'm not proud of it, but it has helped, and I'm glad I'm somewhat over it. January 2nd, 2014, she were posted an image reading, so young, so damaged. Veronica attended Friendship High School and was a straight-A student. It's by getting good grades, she never really went anywhere after graduation. She took a job at McDonald's, but quit within less than a month of starting and then moved on to the next job. According to Sheila Montoya, this was typical of Veronica, who was a very lazy woman who stayed up most of the nights and slept in until the early afternoon. Veronica had no known criminal history, however she allegedly was a user of Crystal later in life.

Starting point is 00:03:21 Veronica started dating Emilio in early 2018. Now at first, the first, the Montoya's were happy with her relationship, and Sheila even described her as a very sweet girl. However, Veronica didn't stay faithful to Emilio for long and was soon cheating on him with two different men, Thomas Wienes and Trevor Rowe. When Amelia found out about this, he broke up with Veronica. But around May of 2018, Veronica became pregnant with her first child. Believing the child was his, Thomas asked for Veronica's hand in marriage and the two were married in a small backyard ceremony in October of that same year. However, when Marion was born, DNA tests revealed that she was actually Emilio's daughter. After learning he wasn't the father, Thomas filed for a divorce and

Starting point is 00:04:09 Veronica started dating Emilio again. While Marion was still a newborn, doctors found Crystal in her system, triggering an investigation from CPS. However, since no drugs were found in the home, and Veronica's test had come back clean, the baby was allowed to remain with her. Veronica found looking after her daughter stressful and would often give her Benadryl to try to help her sleep through the night. She was lazy and known for dumping her child off on other people, especially her boyfriend who, surprise, wasn't Emilio. Trevor Marky Roe was born on November 21st, 1992. Trevor was raised in Lubbock and actually knew Emilio years before he had met Veronica. The two attended the same high school and became good friends as they were both interested in anime and cosplaying.

Starting point is 00:04:56 They lost contact after graduation, but reconnected in April of 2018 after his father, Francis, had passed away. The two were gaming partners for a couple of months before their friendship broke off again indefinitely when Trevor started seeing Veronica. Trevor had one son who was born on September 2, 2015. He reportedly had another child, a daughter, who was born in 2012. However, it's unclear whether the child was his or a girlfriend's. In March of 2018, Trevor was arrested for leaving his son and the little girl alone in the house. It had been nighttime, and while the children were sleeping, Trevor got on his bike and went out for 30 minutes to buy food. Either Trevor or one of the kids accidentally set off the burglar alarm in the home, causing police to come to the house.

Starting point is 00:05:38 They arrived, the front door was left unlocked, and a child could be heard inside crying and no adults were present. The case was later dismissed as he had no other history of child negligence. However, he was convicted on charges of DV in 2014 and sentenced to 45 days in jail. Trevor had previously been engaged to a woman named Stephanie Sanchez in March of 2012. However, the wedding was called off because Stephanie was possibly the victim of such DV. Now, when Emilio and Veronica broke up, they both had equal custody of Marion. Marion lived either at her father's house or with Veronica at Trevor's duplex located at 9609B Boston Avenue. According to Emilio, Trevor's house was absolutely filthy, messy, and a danger to human.

Starting point is 00:06:23 health. There was dog feces all around the home, and Trevor's two children were seen physically rolling in the mess. Emilia reported the abhorrent living conditions to CPS, but they failed to do anything about it. Emilio always hated handing his daughter over to Veronica as he didn't trust Trevor. He expressed his concerns with CPS, who brushed them off without offering any kind of reassurance that Marion was safe and well. Emilio feared for Marion's safety, every time she was left in Trevor's care. He ended up calling CPS three separate times and even showed photographic evidence of physical neglect,

Starting point is 00:07:03 but still, CPS never took anything seriously or thought to carry out a proper investigation. The first call was made just a few months after Marion's birth. The hospital had run tests and, as we mentioned earlier, found the baby had crystal in her system. CPS did temporarily award Emilio primary custody of Marion for the first three months of her life while they investigated Veronica. However, the case was eventually dismissed as the caseworker couldn't find any drugs in the home, and Veronica and Trevor had both tested clean.

Starting point is 00:07:39 The next call to CPS was made in October of 2019 over a severe diaper rash Marion had. The last call came in December, right before the family traveled to Roswell. for Christmas. Emilio reported that he had found a bruise on Marion's leg and showed a photo of the injury to a caseworker who flat out told him she didn't have time to come to the house and investigate. To add insult to injury,

Starting point is 00:08:05 CPS then started accusing Emilio of lying about neglect just to get his ex-girlfriend in trouble. This infuriated Emilio, who on September 6th, 2019, posted this message on Facebook. And I quote, Let me take the time to say, you, CPS, causing problems that ain't even there accusing me of shit I didn't even do, I didn't even call you, I'm not trying to get anyone in trouble,

Starting point is 00:08:28 yet they were over here acting like I called them under a false report to get my baby mama in trouble. If I have any problems, I'm just getting a lawyer. I don't need you guys in my life. Melio was beside himself. Having CPS completely brush off his concerns for months only to turn around and accuse him of lying made him feel hopeless and unable to protect his daughter. He knew Marion was being mistreated and that the neglect was getting progressively worse.

Starting point is 00:08:55 There was always a fear in the back of his mind that one day he would get a call telling him something terrible happened to his daughter. Last time Emilio saw Marion alive, January 4th, 2020 after dropping her off at Veronica and Trevor's home. He remembers that day vividly as Marion had thrown a tantrum because she did not want to go. She cried and ran away from Trevor,

Starting point is 00:09:15 screaming at the top of her lungs. She crawled as fast as she could back to her father and clung to him so tightly that Veronica had to physically pry her off of him. It was not the only instance of Marion acting terrified of Trevor. When Trevor came to pick Marion up from Sheila's one day, the baby started screaming and grabbing hold of her grandmother, hoping that she would protect her from Trevor. Emilio had always sensed that Trevor never wanted Marion around

Starting point is 00:09:41 and saw her as a burden. It took every opportunity to avoid caring for her, and on January 7th, 2020, this was no different. That morning, Marion was left in the care of her mother while Trevor went to work at a construction site near the area of 130th Street and Upland Avenue. He was a roofer and worked alongside members of Veronica's family. Around 10 a.m., Trevor returned home to pick up Marion

Starting point is 00:10:04 and take her to work with him. Veronica was tired that day and had asked Trevor to come and take the baby away so she could get more sleep. Trevor was angry that Veronica had pawned her baby off him while she was trying to work. But instead of calling Marion's grandmother or father to come collect her, he let his hatred of Marion get the better of him. He crammed the infant into a black backpack and placed her on the front passenger floorboard of his Dodge Charger before driving back to

Starting point is 00:10:33 work. After returning to work, Trevor would return to the vehicle every now and then and unzipped the bag to check on Little Marion trapped inside. At one point, he came back and found she had escaped the backpack. He stuffed her right back in and zipped the bag tightly without a second thought. At around 1 p.m., Trevor went on his lunch break. He unzipped the backpack to check on Marion again and claimed the baby was crying, but still breathing and fine. Even though he was now free to look after Marion, he still wouldn't remove her from the confinements of the backpack. Instead, he moved her to the trunk of the car, not even caring if she slammed against the walls, as he turned corners. Trevor drove to a nearby fast food restaurant and casually ate lunch,

Starting point is 00:11:22 while the baby jammed in the backpack hadn't eaten since eight the previous evening. He then returned to work, leaving Marion in the backpack, starving, overheating, and quickly running out of oxygen. When Trevor got off work at around 4.50 p.m., he checked on Marion and she was white as a sheet and unresponsive. Four minutes later, Trevor called the Lubbock Police to apartment and told him he had a baby who wasn't breathing and he needed an ambulance at 1.13th Upland Avenue. He said he was going to pull over and start CPR before hanging up the phone. Trevor was actually at 1 30th Upland Avenue. It isn't known why he gave a non-existent address to a 911 dispatcher. Perhaps he was trying to divert their attention so he had time to run away or maybe it really

Starting point is 00:12:09 was just a mistake as the two numbers sound so similar. 911, what is your emergency? I guess I need an ambulance. I'm on the corner of 113th in Upland. I have an infant with me. She's not breathing. Okay, let me get you to the paramedics. Stay on the phone, okay? All right, thank you. But regardless, paramedics were able to track the location of the call to a remote area off of 1.30th Upland Avenue.

Starting point is 00:12:36 When they arrived at around 5, Trevor and the baby, who desperately needed help, was nowhere in sight. The vehicle had been abandoned, and all that was left behind was a backpack in the trunk. First responders opened. opened it to their horror. The body of a lifeless infant had been so callously stuffed inside. Maybe Marion was rushed to University Medical Center where it was sadly pronounced dead upon arrival. The autopsy revealed she had died from asphyxiation, had toxic levels of Benadryl

Starting point is 00:13:07 in her system. At 1 a.m. on January 8th, 2020, the Leavitt Police Department arrested Trevor row for the murder of Marion Jester Montoya. He was booked into the Lubbock County Detention Center in charge with capital murder, which carries a punishment of life in prison without parole or even the death penalty. Bale was set at $2 million. When questioned by detectives, Trevor retold the events that occurred on January 7 and admitted he was aware of how dangerous it was to put Marion in the backpack in the trunk of a car. In March of 2020, Trevor filed a motion. asking to be released on a personal bond because he felt the pandemic exacerbates an ongoing and devastating public health crisis and brings a heightened risk of illness and death to people

Starting point is 00:13:54 inside and outside the jail. Trevor also argued that since he had been incarcerated for more than 90 days without an indictment, he was legally entitled to be free. This is actually true, at least according to the Texas Code of Criminal Procedures Chapter, dealing with bail, which states a defendant in jail awaiting trial for a felony must be released either on personal bond or by reducing the amount of bail required if that 90-day deadline has passed without an indictment. However, on March 29th, Texas Governor Greg Abbott issued an executive order suspending the part of the code related to Trevor's case. The order read, I hear by order that no authority should release on personal bond any person previously convicted of a crime that involves physical violence or the threat of physical violence

Starting point is 00:14:39 or any person currently arrested for such a crime that is supported by probable cause. When Sheila heard about Trevor's petition to be released from jail, she was horrified, understandably so. Fearing her granddaughter's killer could be temporarily freed. Sheila made a series of phone calls and emailed the district attorney's office, begging the public prosecutor Kay Sunshine Stanik not to let Trevor out on bond. She even emailed 25 photos and four video. of little Marion as she wanted the DA to put a face to the name Marion Montoya.

Starting point is 00:15:14 The DA emailed her back, promising justice would be served for Marion. Trevor Rowe pled guilty to capital murder with a victim under the age of 10. Judge William Eichmann sentenced him to life in prison without the possibility of parole on April 28, 2023. He was also charged with operating a motor vehicle without a license plate. Three victim impact statements were read during Trevor's trial. Veronica expressed that her world had completely collapsed when she learned of her daughter's death and that she did not want to live in the world without Marion by her side. She also told Trevor that her broken heart will never heal,

Starting point is 00:15:50 and she hopes Marion's death will haunt him for the rest of his life. Withing back tears, Sheila stated, I will never again sit and rock her and hold her and kiss her and sing her to sleep at night. Our love and dreams were shattered by an inhumane, heinous act by a person my son called a friend. She will also mention that after Marion's death, Emilio spiraled into a depression that kept him isolated from the rest of the family. Lastly, Emilio told Trevor, all you had to do was make a phone call.

Starting point is 00:16:20 All it took was one phone call to me, and you know I would have left whatever I was doing that day, whether I got fired or suspended from work, I would have been there. I would have taken her off your hands. I would have kept her and ran away with her if that's what you need me to do. you couldn't call us to save that baby's life. He also expressed that he now suffers a terrible anxiety,

Starting point is 00:16:41 which has left him unable to hold down a job. After the sentencing, Emilio sat down with reporters to discuss the trial and life without his beloved daughter. He said he had met with Trevor the previous Monday and the killer had cried as they spoke and never broke eye contact. Emilio told the journalist that Trevor was someone he trusted and that it is my job to forgive and gods to judge. He was quoted saying he could never.

Starting point is 00:17:04 truly hate his daughter's killer as they share too many good memories, such as when Trevor drove him to the hospital when Marion was born, and when he physically carried his father, Ramon Montoya, to the movie theater so he could watch the Avengers before he died. Melio ended the interview by saying he has found it in his heart to forgive Trevor. However, he will always wonder why he did what he did, and hopes he will be hurting emotionally forever. While the rest of the Montoya family say the conviction did bring them closure in some peace, they will never be able to forgive Trevor or Veronica, who they believe is also responsible for Marion's death.

Starting point is 00:17:39 Montoya's and those close to them never even speak Trevor and Veronica's names. He chose to refer to them as only Rat Boy, an incubator. One family friend even wrote on Facebook, I saw his mugshot. He is below a rat. He and Veronica, he'd be exterminated, if you ask me. Montoya's and their friends always hope Veronica would also be charged with Marion's death. Marion's aunt, Carla Ryder Alexander, made this post directed towards Veronica 15 days after her niece's tragic passing.

Starting point is 00:18:08 It read, so you can't get up in the morning and take care of your baby, but you can be at the jail at 8 a.m. to visit with her killer. You are 100% involved in the death of my precious niece. Your time will come. Justice will be served. After the sentencing, Trevor was transported to the Huntsville unit to spend the rest of his life behind bars. This jail, nicknamed the Walls Unit, is the oldest in Texas and houses. is one of the most active execution chambers in the United States, with 587 executions since 1982. In recent years, the Huntsville unit has been widely criticized

Starting point is 00:18:41 for its lack of air conditioning, which leaves prisoners uncomfortable in sweltering Texas summers. Amates have even filed lawsuits against the TDCJ calling the conditions inhumane. After Trevor was arrested and indicted for murdering baby Marion, Veronica continued dating him for several months, and would frequently pay him visits, at the Lubbitt County Detention Center. Sheila knew Veronica was a terrible mother.

Starting point is 00:19:06 However, she couldn't believe she would stoop this low. To find out if the rumors were true, Sheila went down to the jail herself, setting up a camera in the lobby facing the parking lot and waited. Within next to no time, she caught Veronica driving into the parking lot and quickly sped off once she had spotted Sheila's car. A short while later, Veronica returned to the parking lot,

Starting point is 00:19:30 hoping Sheila would now be gone. When she entered the building, Sheila confronted her asking what she was doing there. Veronica became defensive and told Sheila to mind her own business. Sheila responded by announcing to everyone else in the lobby that Veronica was visiting the man who killed her own baby and that she was part of the plan and that she should be arrested too. In late April or early May 2020, Sheila says she received a call from a detective informing her that they were investigating Veronica concerning Marion's death. However, no charges have ever been brought against Veronica,

Starting point is 00:20:06 and as four years have now passed, it seems unlikely there will ever be any legal action taken against her. Sheila was heartbroken by Marion's death. She'd been longing for a granddaughter for years, and to have her ripped away from her after just 10 months was utterly heartbreaking. To make a tragedy even more tragic, Sheila had actually been planning Marion's first birthday party the day she was killed and had even picked out the dress she was supposed to wear on her special day. On what would have been her second birthday, Sheila shared this message in honor of her baby granddaughter.

Starting point is 00:20:39 This is our precious Marion. Today she would be two years old, but her life was cut short because of a neglectful mother who sent her with her boyfriend who ended up murdering her. Oh, my precious baby girl, I know you're in a much better place. Happy heavenly birthday, precious. all your birthdays have been spent in heaven, and I am so sad that we never got to celebrate a birthday with you. Our love for you will live on. We will continue to fight for you until justice prevails.

Starting point is 00:21:05 Hopefully we will also be able to bring your mother to justice for her part in your death. Hashtag justice for Marion. Emilio and Sheila moved out of their house shortly after Marion's passing. To continue living in the home they share with Marion became too emotionally draining for them. They ended up moving to a small house elsewhere in Lubbock, and Sheila has since retired. Three years later, Sheila's nephew Matthew passed away, bringing the number of family tragedies

Starting point is 00:21:34 to four and six years. In addition to the loss of Ramon Montoya in 2019 and Little Marion in 2020, her daughter Becky passed away from an overdose on June 20, 2017. In September of 2021, Sheila herself almost died in a car car car car car car. crash. The Montoya's suffering was lifted at least a little bit when Sheila's daughter Katrina gave birth to a daughter. Little Lyric is the family's miracle baby and the spitting image of her late cousin. When Lyric was born towards the end of 2020, Sheila was over the moon and had the following to say about her new granddaughter. She said, God is good he gave us Lyric. Nothing can ever replace

Starting point is 00:22:18 our beautiful angel Marion, but our heavenly father knows how to comfort in time of need. In recent years, Sheila has been blessed yet again with another granddaughter named Ray Ray. Today, the Montoya's are still fighting to hold CPS accountable for Marion's death. Their ultimate goal is to introduce a Marion Montoya bill that will protect other kids from being ignored by the authorities who are supposed to help them. Emilio vowed to continue the fight for change until the end of time. Marion's caseworkers committed a series of unforgivable failures that left the infant in an unsafe situation that ultimately led to her death. They had brushed off reports of Veronica using Crystal despite tests showing Marion had the drug

Starting point is 00:23:01 in her system. Additionally, they held off on investigating Marion's bruising out of sheer laziness. Furthermore, CPS was fully aware of the appalling living conditions of 9609B Boston Avenue and that Trevor had a history of child endangerment and DV. Marion's Aunt Katrina believes without a doubt that if her brother Emilio had been able to retain custody of his daughter, she would still be alive today. The GoFundMe has started to help Emilio hire an attorney and sue CPS for their gross negligence. A Facebook page entitled Justice for Baby Marion Montoya, CPS failed her, was also set up to

Starting point is 00:23:36 raise awareness about the case. Page is private, but the about section is public and reads, A father's search for justice. Emilio begs CPS to investigate his infant daughter's abuse. He tells them something is going to happen, but then it does. The years following Marion's death, Veronica married an old high school friend. A couple have four children together. After news broke of Marion's death, a Facebook fundraiser was set up to raise money for the infant's funeral

Starting point is 00:24:02 and more than $10,000 worth of donations poured in. On January 11th, local artists and musicians came together at the den located at 11th at 114th and university to put on a memorial show to also raise money for Marion's funeral. Campaign organizer and family friend Bud Castiaja told KLBK News, can't imagine someone doing that to anyone, let alone a 10-month-old baby. I hope we shine a light on this kind of thing. Zia is surprisingly common. This isn't the first story. You know, unfortunately, it probably won't be the last. On the one-year anniversary of Marion's death, a memorial was held at the exact location paramedics discovered her on 130th and Upland Avenue.

Starting point is 00:24:44 The service began at 6.30 p.m. on January 7, 2021. The community released dozens of pink balloons into the sky in her memory. Marion's funeral was held at 1 p.m. on Thursday, January 16th, at Calvillo Funeral Home and Chapel. An open casket viewing was held the day prior, and Marion looked very angelic in her little white dress and white bow headbands. The tiny white casket was laid on a pink minimouse blanket, and the floor beneath was scattered with balloons and some of Marion's favorite toys, including the singing stuffed ellen. she loves so much. A video screen was placed above the casket and it replayed a

Starting point is 00:25:24 slideshow of photos of Marion's short life. Sadly for the Montoya's, the casket viewing was ruined by Veronica, who disrespected Marion's memory by showing up wearing her murderer's leather jacket. Baby Marion was cremated and her

Starting point is 00:25:40 ashes were kept by Emilio in a beautiful little pale pink urn which she had footprints engraved on and a candle holder at the top. an inscription of Marion's birth and death dates. Emilio held onto Marion's ashes after the funeral and always kept them close to him. After years of grieving, Amelia was finally able to lay Marion to rest. Her ashes were buried next to her grandfather Ramon at a cemetery in New Mexico.

Starting point is 00:26:07 Emilio kept the pink urn, which now holds a necklace, bracelet, and earrings worn by Marion and a lock of her dark brown hair. The urn is kept on the top shelf of Emilio's bookcase along. his sister Becky's urn and some of Marion's toys. Emilio tries to remember his daughter as a happy little girl who was always laughing and smiling, rather than the little girl who met a tragic end.

The Misery Machine - The Case of Marion Jester Montoya

There aren't comments yet for this episode. Click on any sentence in the transcript to leave a comment.