Phoenix man sentenced in 2021 murder of teen, 1 suspect's whereabouts still unknown
A Phoenix man was sentenced in the 2021 death of a teenager, but one more suspect ― the one accused of the killing — remains on the loose.
On July 6, Maricopa County Superior Court Judge Timothy Jay Thomason sentenced 22-year-old Jesus Javier Valle Padilla III to 13 years in prison for the manslaughter of 17-year-old Itzel Espinoza, for handing the gun to the other defendant, who fired it.
In July 2021, police say Padilla handed a gun to Lindsey Brianna Aguilar,18, who then shot and killed Espinoza, according to court documents. A third suspect, who was 16 years old, was also involved and later arrested for moving and abandoning Espinoza's body.
After signing off on a plea deal in January, Padilla is the second person to be sentenced for this case. Last year the teenage suspect, then 17, was sentenced to two years for car theft and abandoning and concealing a dead body. Aguilar, who is suspected of shooting and killing Espinoza, has yet to be found, police say.
"Detectives are actively investigating and following up on all leads to locate Lindsey Aguilar. Federal and state resources are involved with assisting in locating her wherever she may be," said Phoenix Police spokesperson Sgt. Brian Bower.
Padilla was also sentenced to 7.5 years last week for an armed robbery that occurred just over one month before Espinoza's death. His sentences are to run concurrently.
Physical fight turned fatal
Around 5:15 a.m. on July 3, 2021, 17-year-old Espinoza and Aguilar were engaged in a physical fight near 38th and Wier avenues, court documents show. Padilla was one of a group of people watching, with some recording the fight on their cell phones, according to court documents.
At one point, Espinoza ran to a parked vehicle and locked herself inside. Aguilar followed and started banging on the window, demanding Espinoza to get out of the car, court documents show.
Padilla was standing nearby when Aguilar asked him for a gun. He then pulled a gun from his pants and handed it to Aguilar, court documents show. Documents state that Aguilar then took the gun and fired multiple times into the front passenger window where Espinoza was sitting, shooting her several times.
After the shooting, Aguilar gave the gun back to Padilla and they left the scene, court documents show.
Around 5:30 a.m., Phoenix Police were called to investigate someone sitting in a car with apparent gunshot wounds in an alley near 35th and Southern avenues. When they arrived, they found a grey Lexus parked in the alley with Espinoza in the passenger seat with three gunshot wounds to the right side of her body.
The Lexus was later identified to had been stolen earlier that night, for which the 16-year-old was charged. There were also multiple apparent bullet holes through the front passenger window.
Body-camera footage: Phoenix police release video of fatal shooting of man who resisted arrest
Espinoza was pronounced dead and a autopsy later determined the cause of death to be gunshot wounds. At the time, only Aguilar knew about the argument that led up to the shooting, according to Bower.
A married couple, who lived near the area of the incident, called police about the shooting. One of them told police that he was outside their house and witnessed the event unfold, court documents show. The two later were shown lineups and identified Aguilar as the shooter, documents show.
The day after the shooting, police spoke to Denise King, who knew Padilla. She contacted the police herself, court documents show. King told police she was staying at the house where the incident took place. Two others, including Padilla's sister were also staying there.
Court documents show that King said that around 4 a.m. July 3, Padilla woke her up and told her that his sister and two others got into a car accident, one being the other person staying in the house with King. Padilla and King were talking about the accident when they heard a commotion outside, King said. Both King and Padilla went outside and witnessed Aguilar tell the 16-year-old friend that he needed to get Espinoza "out of here," according to court documents.
King told police that she saw the fight unfold, first inside the car and as it spilled out onto the street. Court documents show King told police Aguilar was "beating the life out" of Espinoza. She said she saw Espinoza break away from the fight, get back into the car, and lock the doors.
King told police she then watched Aguilar pound on the glass window of the car, telling Espinoza to open the door. Court documents show that Aguilar had said "on my momma's life, I wanna kill you," according to King.
King told police that Aguilar then asked Padilla to hand her a gun — which he did — and she subsequently fired at the passenger window of the car, court documents show. Everyone then fled the area in King's car, with Padilla driving, according to court documents and King.
King told police that she heard Aguilar tell the 16-year-old to get rid of Espinoza's body, and said "set the body on fire for all I care," according to court documents. She then told King that if anyone snitched on her, she will "come for their heads."
Four days later, police interviewed the 16-year-old, who said he and another individual stole the Lexus, court documents show. He told police that Padilla told him to get rid of the stolen Lexus, with Espinoza still inside. The teenager said he drove her to the alley, left her and the car there, and later called police under a fake name, court documents show.
North Phoenix fire: Hospitalized mother dies day after apartment fire killed her 3-year-old son
On July 16, nearly two weeks after the shooting, police said they found Padilla near 24th Street and University Drive and arrested him on suspicion of facilitation of murder. Court documents said the handgun used in the shooting was found in a vehicle that Padilla was stopped in but did not say who the gun was registered to.
After being read his rights, court documents show that Padilla told police about the night of the incident, offering essentially the same account as King's, saying it was his sister who got into a car crash.
Court documents show that when he was talking to police about handing Aguilar the gun, he said he didn't believe she was going to fire it because he didn't think she had it in her. Padilla told police that he had given the gun to Aguilar in the past and that she had never fired it.
After the shooting, Padilla told police that they all got into King's car and visited his sister in the hospital. He said he told the 16-year-old to take Espinoza to the hospital. Court documents do not state whether he told the 16-year-old to get rid of the stolen car.
Padilla was indicted with first degree murder and the facilitation of first degree murder. Under Arizona state law, an accomplice is as liable as the major participant in a crime.
In January, a plea deal changed the charge to manslaughter and resulted in the dismissal of the facilitation charge.
Shot to death and abandoned 'Shot to death and left in an alley' like a 'piece of trash'
Judge Thomason's courtroom in the central court building had a gallery full of people attending on behalf of Espinoza and Padilla. Four spoke to the court on behalf of Espinoza, including her stepmother and brother.
"It was a real surprise to find out that my daughter was shot to death and left in an alley like she was a piece of trash," Espinoza's step-mother Maricella Saldana said.
"And to find out that this guy right here pointed a gun" to the 16-year-old's head and "told him to go dump her and get rid of her body, like as if she wasn't his friend," she added.
The week before, she said, Espinoza had called Padilla her "brother" on Snapchat, despite knowing him for a few months. Just a week later, Saldana said, he did nothing but watch Aguilar beat Espinoza.
Before Saldana went up to speak, she said she heard the chains around Padilla's feet and said she wished they were on him before the incident happened given that he had charges in other cases, like the armed robbery he had committed just over a month before Espinoza's death. Instead, she said, he was out and about "waving guns around with his friends," as if life was a big party with no consequences. She said that hanging around with the wrong people for less than a year altered Espinoza's life.
Saldana said that the day Espinoza died was the day she also lost her husband and son, saying they are not the same people anymore. She went on to say that it has been a dark time and even though family and friends come around, Espinoza's room is still empty.
"I know they say, 'oh he didn't pull the trigger,'" she said, "In my mind, he did. He gave that gun knowing what she [Aguilar] was going to do, what could happen."
Phoenix-area homicides in July 2023: Man shot, killed at Phoenix apartment complex
Espinoza's older brother, Emiliano Espinoza, told the court that he was in complete disagreement with the sentence that Padilla's defense was asking for, which was the minimum of 10 years. He said Padilla was at fault because he gave the gun to Aguilar. He instead pushed for the maximum of 15 years, which the prosecution was asking for.
The other two people who spoke were Espinoza's aunts. They told the court how much pain the family as a whole has been in. One of the aunts looked directly into Padilla's eyes and told him that what he did was wrong.
No one spoke on behalf of Padilla in court, but some sent the court letters in advance. His grandmother, Martha Montero, wrote about how proud she was of him when he worked as a lifeguard and volunteer for various organizations in Phoenix. She wrote that he "truly cares for others."
DNA links man to sex assault from 2000: Police make arrest in two-decade-old sexual assault of Phoenix teen
Montero said that Padilla is remorseful for his mistakes and has gone through a tough time but has now "started a journey to becoming the man" the family can be proud of again.
"He has hope again. I now see a wiser man compared to the confused child of last year," Montero wrote. She said in the letter that Padilla being incarcerated would not be useful for him, stating that he should get counseling to navigate through why he has strayed away from the family.
Padilla's defense counsel, Robert Ditsworth, emphasized to the court that Padilla did not know Aguilar would pull the trigger. He said Padilla thought it was more of the lifestyle they were living at the time, like a game.
"Did he truly think that someone was going to die that moment? No."
Ditsworth also said he was not going to argue over whether Padilla ordered the 16-year-old to hide Espinoza's body, as Espinoza's mom and the state's attorney Gregory Bizzozero briefly mentioned that day. The defense says Padilla did not.
When Judge Thomason asked Padilla if he'd like to address the court, he pulled out a letter from an envelope. He talked about the morning of July 3, 2021, and how his sister got into a car accident. He said he was confused, scared, and unaware of what was going on when Espinoza and Aguilar began fighting. Padilla looked back toward the gallery and apologized to Espinoza and her family.
"Itzel never deserved this. She was one-of-a kind," Padilla said, "I don't think words could describe how wonderful and amazing she was." He said he regrets, with everything in him, what happened.
After all statements were made, Thomason sentenced Padilla first for the armed robbery charge. Then, after taking some time to review all the content about the case and what was said that day, he imposed a 13-year sentence for manslaughter on Padilla.
Thomason said he considered that Padilla was remorseful, cooperative, and young. However, Espinoza was also young, he said. Thomason said he also considered that Padilla was sentenced for another crime, letters he received about Padilla's recklessness the night of the incident, and how he did not seek help for Espinoza and left the scene, and that to some extent he appeared to have covered up the crime.
Anyone with information about Aguilar is encouraged to call Phoenix police at 602-262-6151 or, to remain anonymous, Silent Witness at 480-948-6377 or 480-837-8446 for Spanish. According to Silent Witness, investigators believe it’s possible she could be moving between the United States and Mexico.
This reporting follows crimes The Republic began to cover in 2021 and is part of our commitment to telling the story from start to finish.
This article originally appeared on Arizona Republic: Jesus Padilla sentenced to 13 years in the death of Itzel Espinoza
