Oct. 13SANTA F Jordan Nunez killed his 13-year old brother by flipping the dog crate where he was kept, according to a prosecutor Tuesday at Nunez's first day of sentencing hearing.
Nunez, 23 years old, was an active participant in weeks of torture that left Jeremiah Valencia unable to walk due to broken ribs, Mary Carmack-Altwies, 1st Judicial district attorney, stated in her opening statements.
Prosecutors claim Nunez should be sentenced to the maximum term of 24 years imprisonment in relation to the 2017 beating death Jeremiah Valencia at his Namb family home.
Nunez "knew his little brother had just received a severe beating down was in this cage," Carmack Altwies stated, referring specifically to the 26-by-39-inch dog crate where the severely injured boy was kept.
In a previous hearing, a witness testified that Nunez "flipped" it repeatedly. Carmack-Altwies stated.
Nunez could spend 14-24 years in prison for recklessly permitting child abuse that results in death.
Prosecutors have asked District Judge Matthew Wilson for a classification of the crime as a serious, violent offense. This would mean that Nunez would need to serve at least 85 percent of his sentence before being eligible for parole.
Nunez's attorney stated that Thomas Ferguson, Nunez's father and the one who terrorized Nunez and his family members with Jeremiah’s punishments, was the true "monster" in the case.
Ferguson committed suicide in Santa Fe County jail while awaiting trial for Jeremiah’s murder.
Attorney Mark Earnest stated in his opening statement that prosecutors immediately focused their attention on Jordan (Nunez) after Ferguson's death. They are trying to lump Jordan in with Ferguson. They want to make him monster 2.0.
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Prosecutors claimed that Nunez was actually "monster 2.0", who participated in Jeremiah’s torture and abuse, and then helped to wrap and bury the body after the boy died.
"Jeremiah was the target of those men," Carmack-Altwies stated. "Basically, Jeremiah was subject to any kind of abuse that could be applied to a thirteen-year-old boy."
She said that she used Jeremiah as a target practice for a homemade spear and put a shock collar around his neck to shock him.
Ferguson slammed Jeremiah with his body two weeks prior to Jeremiah's Nov. 25th death, breaking three of his ribs. Jeremiah was unable to walk after that attack.
She said that a perfectly healthy 13-year old boy couldn't walk, could not eat, and required a cane. "Jordan Nunez was looking at his little brother, who was stumbling on a cane and bleeding on it. He did nothing."
The evidence presented by the prosecution showed that Jeremiah's blood could be found all over the house. The boy was kept behind a special door when a large amount of blood was discovered in his fireplace.
Carmack-Altwies stated that Ferguson gave Jeremiah a "final beating down" on Nov. 25, 2017, hours before the boy died.
According to her, the Office of Medical Investigator discovered that the jaw of the boy was fractured in two places. This is likely due to that beating.
Nunez also pleaded guilty in two counts of tampering evidence. He was accused of helping to wrap the body with plastic and tape, placing it in a container, and then burying it in shallow graves. Court records show.
Tracy Pena (39), Jeremiah’s mother and Ferguson’s girlfriend, pleaded guilty in 2018 to child abuse in connection to Ferguson's death and was sentenced in her sentencing order to 12 years imprisonment.
Roberto Montoya (a contractor who hired Nunez & Ferguson) also spoke out Tuesday. He said Ferguson was convinced Jeremiah was "possessed" by God and sought the help of a pastor.
