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Tustin man who strangled his wife in front of his two young sons is sentenced to 15 years to life in prison – Orange County Register


Tustin man who strangled his wife in front of his two young sons is sentenced to 15 years to life in prison – Orange County Register

A 41-year-old man was sentenced to 15 years to life in prison on Friday, August 9, for strangling his wife in a Tustin bedroom while their two young sons were present.

Erik Merida-Diaz was convicted in June of joint murder in the death of 35-year-old Elvira Ventura on July 6, 2017.

Merida-Diaz “strangled his wife in their bedroom,” Assistant District Attorney Jeff Moore said in his sentencing decision. “The cruelty of the murder is compounded by the fact that their two young boys were present in the bedroom at the time.”

Furthermore, the defendant never attempted to call for help for Ms. Ventura after strangling her and left her body dead in her bedroom for hours, which shows a high level of callousness on his part,” the prosecutor said.

Moore added that the murder was “an escalation of behavior on the part of the defendant, as he had previously struck Ms. Ventura during another argument.”

The victim “was unhappy in her marriage and wanted to leave the defendant,” Moore said. “However, in a very selfish and cruel act, the defendant did not allow this.”

The two had been married for 11 years, according to defense attorney Madeline Berkley of the Orange County Public Defender’s Office. They had two sons at the time, ages 2 and 6, and shared a two-bedroom apartment with another couple.

Three months before the fatal conflict, the defendant “realized that she had been unfaithful in her marriage,” Berkeley said in the verdict.

He was so angry about the explicit content he saw on her phone that he destroyed “the phone, some clothing and several photos,” Berkeley said.

“Tensions were high between the couple, arguments were occurring, and both parties were considering ending the relationship. Mr. Merida Diaz was also unfaithful and having an affair,” Berkley said.

“Despite their problems, the marriage continued and Elvira became pregnant with the defendant’s child,” the defense attorney said. “This was a welcome surprise for both parties, who hoped the baby would help save their marriage. However, Elvira suffered a miscarriage and instead the couple suffered even more pain and suffering.”

The family went to the fireworks on July 4, 2017, and the defendant went to work as usual the next day, the defense attorney said. He later came home from a second job and an argument ensued that resulted in him choking her to death, his attorney said.

Berkeley said the victim threatened to leave him and take away his children.

“When he realized what he had done, the defendant drank entire bottles of over-the-counter medication and slit his wrists in an attempt to kill himself,” Berkley said. “He left a note asking the Hernandez’s to watch their children and passed out.”

When he woke up around 9 a.m., he dialed 911 and admitted that he had killed his wife.

Orange County Superior Court Judge Gary Paer sentenced Merida-Diaz to 2,591 days behind bars.

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