Closing arguments scheduled for Wednesday in the case for the Bakersfield man on trial facing charges of killing his wife last year. 46-year-old Gonzalo Garibay told Bakersfield Police investigators that he killed his wife and hid her body in Ojai. Tuesday in the courtroom both sides rested their case.
Gonzalo Garibay spent the day on the stand being cross examined by the prosecution. It was a very matter of factually exchange between the two until they got to when he said he killed her. That’s when it got emotional.
According to a forensic pathologist who testified in court, Gonzalo Garibay's wife, Rosa, died from strangulation. Tuesday the prosecution questioned Garibay on what happened during those final moments of Rosa Garibay's life.
Deputy district attorney, Tamara Tuivaiti questioned, “Was she begging you to stop?
Garibay replied, “No.”
“When you wrapped your hands around her neck, was she screaming?” asked Tuivaiti.
“No,” answered Garibay.
Tuivaiti asked, “Was she yelling?”
Garibay said, “No.”
Tuivaiti questioned, “Did she look at you with fear?”
“No,” replied Garibay.
During that exchange, which described the moments Gonzalo Garibay said he killed his wife Rosa Garibay, their son Jason Garibay, who was in the courtroom, kept his eyes shut with his head down. Next to Jason, Rosa’s sisters cried. One even had to leave the courtroom during the description of the fatal fight.
The prosecution also questioned Garibay on how threatening he was towards his wife before that fight.
Tuivaiti asked, “Did you say anything that would cause her to believe that if something were to happen to her the police should be notified?”
Garibay replied, “Uh, no.”
“Did you say anything to her that she should be concerned in telling her sister to notify the police if something were to happen?” questioned Tuivaiti.
“No. Not at all.” stated Garibay.
Leading up to the fight the prosecution questioned the state of Garibay’s marriage. She pointed out he was controlling, by him tracking his wife’s movements on iCloud, not liking her be on social media, or her devices and making new friends he thought were a bad influence.
Garibay defended himself saying, he was checking on her because he suspected her of cheating, questioned why she needed enhancement surgery if they were not intimate and why her behavior changed becoming more distant from the family.
Based on the evidence in court, the relationship hit a major turn before Gonzalo and Rosa Garibay went on a trip to Mexico at the end of 2014. Gonzalo said he arrived late and she stayed a couple months longer.
Closing argument are scheduled to start on Wednesday morning. On his way out the defense lawyer told 23 ABC they are hoping the jury comes back with no more than manslaughter.