Appeals court to review whether Avilés Cabrera should be charged as a minor

By THE STAR STAFF

The Puerto Rico Court of Appeals has agreed to hear a defense request to transfer the murder case against Anthonieska Avilés Cabrera to juvenile court, temporarily halting proceedings in the Aibonito Division of the Court of First Instance.

Avilés Cabrera faces a first-degree murder charge in the stabbing death of 16-year-old Gabriela Nicole Pratts Rosario on Aug. 11 in Aibonito.

The preliminary hearing, originally scheduled for today, was postponed after the appellate court ordered a suspension of proceedings “until this court orders otherwise.” Judge Cristina Córdova Ponce confirmed that dates set for Dec. 17 and beyond remain in place unless the appeal is resolved before then.

The defense, represented by the Legal Aid Society, argues that the trial court lacks jurisdiction because Avilés Cabrera’s Department of Education records classify her as a special education student with a mental capacity equivalent to a 10-year-old, despite being 17 at the time of the alleged crime. She turned 18 while in custody on Sept. 23. The defense is seeking an evidentiary hearing to present expert testimony before jurisdiction is determined.

Prosecutors opposed the suspension, asserting that any argument regarding juvenile status can be raised during trial and warning against “dilatory tactics” that could delay justice. The case had previously been paused after a state expert deemed Avilés Cabrera unfit for trial, a finding that was later overturned.

The appellate panel did not comment on the merits of either side’s arguments, focusing solely on halting the process while the jurisdictional issue is reviewed.

Pratts Rosario, a 16-year-old resident of Aibonito, was known for her vibrant personality and involvement in her local community. Her violent death sparked widespread shock and grief in her hometown and across Puerto Rico.