A woman whose body was left to rot in a car before a friend took it to Española Hospital April 5 did not have any injuries which would suggest her death was a homicide, according to Española Police Det. Miguel Maez.
Instead, police believe drugs and alcohol could have played a role in the woman’s death, Maez said.
Maez said homicide hasn’t been ruled out as a cause of death for 33-year-old Amy Marquez of Española, but he said the state Office of the Medical Investigator did not find anything suspicious, such as stab wounds or blunt-force trauma, during her autopsy April 6.
“There are no red flags,” Maez said.
Maez said there are other possible causes for Marquez’s death, including an overdose, based on statements from 64-year-old Jerry Maestas, who allegedly drove around Española with Marquez’s dead body for up to 72 hours before he took her to the hospital saying his friend needed help.
Lt. Christian Lopez said Marquez used prescription drugs and a bottle of vodka was found in the car.
Shem Lyons, who identified herself as a friend of Marquez, said she also knew Marquez used heroin, alcohol and prescription drugs.
“I told her one day her heart was going to stop,” Lyons said.
Maez said he interviewed Maestas, who told him he saw Marquez inject something into her shoulder and later saw her drinking beer and vodka the night of April 3. Maez said Maestas claimed he did not know Marquez was dead. Maestas said he thought she was resting after a “rough weekend” of partying.
“I said, ‘Come on, Jerry, what were you thinking?’” Maez said.
Maestas drove to the hospital and told staff there his friend needed help, Lopez said. Marquez was found by attendants who noticed a foul smell coming from the vehicle.
When hospital staff approached the vehicle, they immediately noticed the smell, as well as flies inside the vehicle, according to Maez’s affidavit for Maestas’ arrest. When Det. Bryan Martinez and Office field investigator Carlos Gonzales removed Marquez from the car, they noticed she had fly larvae on her lap, waist and on the car seat underneath her, which Maez said in the statement would be consistent with someone who was dead for up to 36 hours.
Maez said he based that estimate on the last time the woman’s mother spoke to her, which she first said was April 3, then said was April 2. Maez said this meant the woman could have been dead for up to 72 hours, which was more consistent with the crime scene.
Maestas told Maez he had not been drinking that weekend.
Police charged Maestas with failing to report a death to a law enforcement authority, court records show. The charge is a petty misdemeanor, punishable with a sentence of up to six months, according to state law.
Meastas was arraigned April 6 by Rio Arriba County Magistrate Court Judge Joe Madrid, who set his bond at $500 cash-only. Maestas was released from the Rio Arriba County Jail to his family April 7, according to court records.
‘Lonely and Depressed’
Maez’s probable cause statement for Maestas’ arrest tells the following story:
During an interview, Maestas told Maez he went to visit Marquez at her home on Calle Alamo on April 3. Maestas said Marquez had a “history” with drug and alcohol abuse. Maestas said Marquez would sell her prescription medication and use the money to buy cocaine and heroin.
That evening, Maestas said he saw Marquez put a needle to her shoulder and press down on it. She told Maestas she was taking a “muscle shot.” Maestas said he saw Marquez use heroin in the past.
Later that night Marquez and Maestas went to McDonald’s drive-thru to eat. After that, Marquez asked if they could go to the Allsup’s convenience store to buy a bottle of vodka and beer.
Maestas said he bought a six-pack of beer and a pint of vodka. The two continued to drive around town and Marquez lay down on the front seat. The statement does not say if she drank or how much she drank.
Maestas said he checked on Marquez and shook her and she responded, “I am OK. Leave me alone. I am trying to sleep.”
That night, Maestas parked his car in front of his step-father’s shop on Calle Ramon Espinosa and the two fell asleep inside the car. The affidavit does not state what the shop is called and Maez did not return a follow-up call seeking comment.
On Monday morning, Maestas woke up and checked on Marquez, who would not wake up. Maestas said he believed she was still exhausted. He left her alone and drove around town, stopping to put gas in his car at John’s Service Station, which Lopez said was owned by Marquez’s uncle, Marvin Vigil. Maestas said he believed Marquez was still asleep. That night, Marquez was still not responding, but Maestas said he returned to the shop and slept until Tuesday morning, using the car’s heater to keep warm.
Maestas said he could smell an odor the next morning but said he thought Marquez “had an accident.” He said his friend wore an adult diaper. Marquez was paralyzed from the waist down from injuries sustained in a car accident 11 years ago, according to Lopez.
Maestas said he then noticed Marquez’s back was colored blue.
When Maez asked Maestas why he didn’t think it was unusual for Marquez to not wake up or ask for things such as food or to use the bathroom, Maestas allegedly said, “I know, I know, I should have called the police. That is why I took her to the emergency room today.”
Maestas is the cousin of Española Municipal Court Judge Stephen Salazar, Salazar said. The judge said Maestas is older than he is, but he does not know much about his cousin’s personal life.
“I don’t see him often,” Salazar said.
The judge described Maestas as being “lonely and depressed” after losing his wife Priscilla to cancer several years ago.