In a recent development, Mexican authorities have extended the prison sentence of Cuban national Elier Cruz S. to 31 years. Cruz was found guilty of the disappearance of his partner, Marybell Valenzuela Herrera, who went missing on April 15, 2022, in Ojinaga, Chihuahua. This verdict follows an appeal by the Special Prosecutor's Office for Women Victims of Gender-Based Violence and the Family (FEM), which argued that the initial 28-year sentence was inadequate.
"Thank God they increased the time for this man who ruined our lives; although it still doesn't compensate for the pain and suffering," said Denisse Valenzuela, Marybell's sister, in tears after the court's decision was announced, as reported by Mexican media.
Background of the Case
Marybell Valenzuela, a U.S. citizen aged 37 at the time of her disappearance, vanished after leaving her home in Ojinaga on April 15, 2022, to meet Elier Cruz, her partner of two years. Her family lost contact with her that day, immediately reporting her disappearance to authorities. From the outset, the investigation centered on Cruz as the primary suspect.
The FEM took over the case at the family's request, seeking a transfer from Ojinaga to the state capital to leverage greater institutional capacity for handling gender-based cases. The crime was classified as Aggravated Disappearance by Private Parties under Mexico's General Law on Forced Disappearance and Disappearance Committed by Individuals. This classification can lead to sentences of up to 75 years when the victim is female, reflecting the gender-based aggravating factor crucial in the FEM's appeal.
Mexican law stipulates a minimum penalty of 37 years and six months for such crimes with aggravating circumstances, though the initial ruling only imposed 28 years. The tribunal ultimately decided to adjust the sentence to 31 years, partially granting the prosecution's appeal.
Arrest and Legal Proceedings
Elier Cruz, aged 36, was apprehended in the United States and handed over to Mexican authorities in late April 2022. The arrest warrant was executed on April 28 at the Presidio-Ojinaga international bridge. Charges were formally presented on April 29, and by May 4, Cruz was facing criminal proceedings with pre-trial detention as a precautionary measure.
During the investigation, authorities gathered testimonies and evidence linking Cruz to Marybell's disappearance. Surveillance footage showed him visiting a barbershop in Chihuahua alone the day after meeting Marybell, where he cut his hair and beard. He later boarded a bus to Tijuana, crossing into the U.S., interpreted as an attempt to escape.
Cruz was employed at Solitaire, a company specializing in manufacturing trailers and truck bodies, at the time of his arrest by U.S. immigration officials before being extradited to Mexico. Marybell's disappearance was quickly publicized by her family and friends, who took to social media to highlight her case and blame Cruz directly.
Family Impact and Ongoing Search
Marybell Valenzuela left behind four young children: three daughters aged 17, 12, and 6, and a 14-year-old son. Her family has persistently sought justice and answers, with her sister Denisse actively using social media to share images, testimonies, and messages of hope. The family even offered a reward of 200,000 Mexican pesos (around $10,000) for information leading to her whereabouts. Her location remains unknown, and authorities continue the search, emphasizing the significance of treating the case as a gender-based disappearance amid a national crisis of missing women, many victimized by intimate partners.
Justice Served but Questions Remain
Despite the increased sentence, Marybell's family believes justice is incomplete without knowing her fate or finding her. "This pain can't be erased with years in prison, but at least we know it won't go unpunished," a close family member remarked.
This case adds to the distressing tally of missing women in Mexico, a country grappling with rampant gender-based violence and impunity, leaving families shattered.
Key Questions on the Case of Marybell Valenzuela
Why was Elier Cruz's sentence increased?
Elier Cruz's sentence was increased from 28 to 31 years following an appeal by the FEM, which argued that the initial penalty was insufficient given the aggravated nature of the crime.
What is the significance of classifying the crime as Aggravated Disappearance by Private Parties?
Classifying the crime as Aggravated Disappearance by Private Parties underlines the gender-based dimension of the case, allowing for harsher penalties, up to 75 years, when the victim is female.
What steps have been taken to find Marybell Valenzuela?
Authorities continue to search for Marybell, with her family actively using social media and offering a reward for information. The FEM emphasizes the importance of investigating her case as a gender-based disappearance.