The Killing of a "Shadow Person"

PRELIMINARY INFORMATION:

Reports about undocumented immigrants killing American citizens often make the news but what about when the opposite occurs? Investigating crimes perpetuated against undocumented immigrants is so difficult because the victims typically spent years hiding in anonymity with a minimal footprint in society; they are "shadow people" living in safe

obscurity.

In 2007, a Virginia homicide investigation brought me and another VA State Police agent to California. Since we were strangers in a strange land, the Santa Cruz PD assisted us. As we were wrapping things up, an SCPD investigator-sergeant asked me to examine one of his homicides, a perplexing case because the victim was unidentified. Victimology is paramount for creating a profile, so I politely refused. I explained that my opinion most likely would be limited and possibly tenuous as it could point the investigation in the wrong direction. He was persistent and said he understood. So, I agreed to look over his case and provide character traits for an unknown offender, as best I could.

THE HOMICIDE:

Early Saturday morning, 3/18/2006, a visitor discovered the burned remains of a female behind a dumpster in the parking lot of the Greyhound Rock Park. The location is one of several beaches that stretch along the Cabrillo Highway. The scenic road is popular during the day but dark and desolate at night. It was determined the victim had been fatally stabbed 3 times elsewhere and then dumped at the park and set on fire. Semen was in the vagina. Also at the scene were a pair of black latex gloves, a melted plastic gasoline can nozzle, and a bottle of lighter fluid.

Authorities ran the victim's fingerprints through a database and posted fliers to generate leads. Some investigators saw the disposal of the victim next to a dumpster as a sign of disrespect and hatred toward woman. They also felt she was probably a prostitute. 

My Thoughts:

1.      The killer and victim knew each other and were in some type of relationship.

2.      The killing was unplanned. The offender is impulsive and suffers from fits of anger. He has a temper.

3.      The offender was able to think quickly and implement actions to cover his crime. 

4.      There was no seething rage. 

5.      The offender cared about his victim and wanted her body to be discovered quickly but with enough time for his escape. He wanted his victim to receive a proper burial, but his freedom (avoiding arrest) was more important.

PERSONALITY TRAITS for the UNKNOWN OFFENDER:

1.      He does not have an outward hatred for women or prostitutes.

2.      He is not skilled in taking a life and this is probably his first murder.

3.      He lives alone and has no one to whom he would have to report his whereabouts. He can freely roam at night.

4.      He is sexually/socially competent. He meets and talks to women and probably has had girlfriends. He will be personable and have friends and family.

5.      He is religious and attends church on a regular basis. 

6.      He will be respected by those who know him, and they will be shocked by his arrest.

7.      He is not an overt sexual deviant. His sexual fantasies are not complex.

8.      He feels badly about killing his victim but the fear of being caught is stronger. He chose the method and location for body disposal because he felt it would destroy any evidence linking him to the crime and provide enough time for his escape but would also guarantee quick discovery of the body ensuring that she would receive a proper burial.

9.      He works in lower middle-class occupations. He may flit from various jobs, but he is constantly employed. 

10.  He is between 25 and 30 years old (his maturity level, not necessarily his chronological age).

11.  He was a decent student in school with moderate intellect. He will be a high school graduate.

12.  He lives many miles from the crime scene but frequents the area and is familiar with it. He probably uses the highway often.

13.  He is not an overly violent person but might occasionally “snap”. These impulsive episodes of rage will end quickly with no lingering effects for him. Friends and family will describe him as mild-mannered and easy-going, but with an occasional loss of temper.

14.  His criminal history will be minor, maybe a domestic violence charge.

15.  He does not possess a large ego. He is not proud of his killing. However, he will watch the news so he can keep up with the investigation. Be careful what is released to the media because he will be learning from it. The killer has shown aspects of remorse. I suggest printing a news release that plays upon his emotions; the victim needs to be identified, she needs a proper burial, her family needs closure, etc.

THE OUTCOME:

The victim, Fatima Fernandez, 25 years old, was an undocumented immigrant from Nicaragua, who was eventually identified when her family reported her missing. Fernandez was last heard from in January 2006, after being treated for injuries sustained in a domestic dispute with her boyfriend, Elvin Aguilar. There had been several unreported domestic violence incidents before between Fernandez and Aguilar. Fernandez and Aguilar had a daughter together.

As investigators focused their attention on Aguilar, he eventually confessed to stabbing and killing Fernandez during an argument. He was 34 years old at the time of the murder.

I was back in Virginia when the lead investigator sent me an email announcing the arrest and the results of my profile. He wrote:

“Ken,

Wanted to get back to you on this, as we were able to make an arrest. Fernandez is an undocumented immigrant from Nicaragua. Her mother lives in a remote village without telephone service. Fernandez has an aunt and uncle that live in the SF Bay Area. Once the family talked to one another, they realized that no one has spoken to Fernandez since early 2006. At that time, the family knew Fernandez to live with an abusive boyfriend (Elvin Aguilar) in South San Francisco, about 40 miles from the crime scene. They had a 1-year-old baby girl at that time.

Elvin Aguilar 

Born in Honduras, Immigrated to the US at 14 years old.

Served in the US Navy from 1989 to 1993, Honorably discharged.

Married twice.

Arrested for a DV case against Fernandez in March 2005. Resulted in a misdemeanor conviction.

Liked to drive the coast highway to include the nude beach on the Santa Cruz North Coast.

After working in the traffic court, went to work for a carpet cleaner. Has been working at a produce delivery company since July 2007.

Cooperative during arrest.

Smooth talker, was soft spoken and mild mannered.

He wrapped victim in his favorite comforter and took her to the park. He said he sat with her, prayed, and gave her a final kiss. He doused her with gas and lit her on fire, not out of anger or hate.

Maintains a MySpace account. Listed friends are all women.

I just thought you might want to know how your profile compared, which I thought was pretty extraordinary. Happy holidays.”