A 39-year-old Mission man won’t be allowed to appeal the denial of his federal writ of habeas corpus seeking to have his conviction and 45-year sentence for killing his wife tossed.
State District Judge Letty Lopez handed down the sentence to Abel Jaimes Sanchez in September 2015 after he entered a plea deal to a single count of murder for killing his 27-year-old wife Daniela Ramos in June 2014.
The woman died during a struggle with Ramos over his gun, which accidentally fired and struck her in her torso, according to a criminal complaint.
Witnesses at the scene on June 3, 2014, in the 5600 block of 6 Mile Line north of Mission told Hidalgo County sheriff’s investigators that Sanchez tried to hide the gun and run after the shot was fired, the charging document stated.
Three children were in the home at the time of the shooting.
Sanchez filed the pro se federal petition in June, a little more than five years after he accidentally shot his wife arguing his conviction should be thrown out on four grounds, including the trial court refusing to recognize his rights as a citizen of Mexico.
He also claims his defense attorney failed to retain an expert to refuse autopsy reports; that the court denied him due process because it denied his motion for new counsel; and that he did not understand English at the time and his attorney was biased “as he was a law enforcement officer.”
“Petitioner makes no attempt at explaining what new evidence was discovered or how the factual predicate underlying his claims were not discoverable with due diligence until now,” the magistrate’s recommendation stated. “The simple fact is he cannot meet this burden because the factual predicate underlying the claims presented were discoverable with due diligence, or were in fact discovered, well before the one-year deadline to file the … petition in October of 2017.”
His appeal was denied on Oct. 15.
Sanchez is not allowed to appeal the ruling.
Texas Department of Criminal Justice records indicate Sanchez is eligible for parole in 2036 and that is projected release date is 2059.