Woman linked to motel killing not granted immunity

By Matt Pordum (contact)

Friday, Feb. 4, 2005 | 9:30 a.m.

A woman who testified Thursday that she knew she was renting a motel room for the purpose of setting up the robbery of a drug dealer who was later killed in the room has not been granted immunity, prosecutors said.

Theresa Gamboa also said under oath that she thought she should be charged with robbery and murder under Nevada's felony-murder rule.

Under the felony-murder rule, if a murder is committed during the commission of another felony, whether intentional or not, the individual committing the initial felony also is held accountable for the murder.

But there also "is a rule of (state) law that says no one can convicted by confession alone," Chief Deputy District Attorney Scott Mitchell said. "We have nothing that would link her to this but what she said. We have no corroborating evidence or statements from others that support her story."

Mitchell said if a "credible witness was to come forward and we didn't have any legal or factual problems with their account there wouldn't be anything preventing us from charging her (Gamboa)."

The prosecutor said he made it clear to Gamboa she was not going receive any immunity from charges in the case in exchange for her testimony. He said Gamboa agreeing to testify was based on her "finally saying she had decided to be truthful."

Gamboa's testimony came during the second day of 32-year-old Rene Gato's trial. Gato is accused of first-degree murder with use of a deadly weapon, robbery with use of a deadly weapon and burglary for the March 2002 death of Enrique Caminero Jr.

Prosecutors said Caminero was shot once in the buttocks, stunned with a Taser, suffered blunt force trauma to the head and ultimately died of strangulation, the coroner's office said.

Gamboa said she with her boyfriend Sally Villaverde, Gato, and Roberto Castro when the three Cuban immigrants rented a room at the motel on Fremont Street but she was not there when Gato was killed.

Mitchell said Villaverde has never said Gamboa was involved in any way with the robbery or murder. Mitchell also said that neither Gato nor Castro have given statements regarding the case. He also said none of Gamboa's fingerprints were found in the motel room.

The prosecutor said evidence would show Gato's fingerprints were recovered from a cigarette butt found on the floor of the motel room where Caminero's body was found and on a lamp post in the room.

Gamboa testified Villaverde came to her home after the murder covered in blood and water and told her after failing to duct-tape Caminero there "was a struggle and Gato shot him."

Villaverde was convicted of first-degree murder with use of a deadly weapon, robbery with use of a deadly weapon and burglary for the March 2002 death of Caminero. Villaverde was sentenced to consecutive terms of life without the possibility of parole.

Although touted as the prosecution's key witness, Gamboa failed to appear to testify at Villaverde's trial and was only located and taken into custody by police 10 days ago.

Castro entered a plea agreement on Monday with prosecutors that saw him plead guilty to one count of voluntary manslaughter. He is to be sentenced by District Judge Michael Cherry on March 8. He originally faced the same charges as Villaverde and Gato.

Gamboa testified to knowing Caminero would be robbed at the motel and that she "set him up."

In retrospect Gamboa said she should have known that Caminero was not going to make it out of the motel room alive that day.

Gamboa, who will continue testifying today before District Court Judge Michael Cherry, admitted she has used at least nine different aliases in her lifetime and regularly lies to get out of trouble. said Gamboa "says so many things you don't know what you say."

Gamboa continually challenged the validity of her own prior testimony and police statements. She told Gato's attorney, Chris Oram, that he was correct when he said that Gamboa was getting confused because she had told so many different stories.

Oram conceded in opening arguments that Gato was in the motel, his car was there, but he left at 5:15 p.m. and he never came back.

Oram said the motel manager told police she saw four individuals enter and then leave the room 15 minutes later. He said the same woman told police she saw the white car drive away and never return.

He said Gato had to be innocent because the coroner has said the killing happened after 11 p.m. and couldn't have happened any earlier.