Legal Assistance Society sees possibility of reduced charges against teen being tried as adult in Aibonito slaying

Gabriela Nicole Pratts Rosario (Social media)

By The Star Staff

Jesús Rivera Delgado, the chairman of the Legal Assistance Society (SAL by its initials in Spanish) board of directors, confirmed on Tuesday that the case against an SAL client, Anthonieska Avilés Cabrera, might return to Juvenile Court if Judge Marielem Padilla Cotto decides to reduce the charges during the preliminary hearing scheduled for Sept. 18.

Avilés Cabrera, 17, and her mother, Elvia Cabrera Rivera, 40, are facing charges of first-degree murder and Weapons Law violation in the killing of 16-year-old Gabriela Nicole Pratts Rosario in Aibonito on Aug. 11. The SAL is representing the minor, who is being charged as an adult, while her mother has hired a private attorney.

“It’s a possibility that the case could be approached differently since her jurisdiction was waived, assuming she could still be charged with murder,” Rivera Delgado said during a radio interview. “However, the Puerto Rico Penal Code outlines other types of homicide that could be punishable as crimes without necessarily being classified as murder. The Juvenile Court’s jurisdiction was waived due to the murder charge. A lot could change during the preliminary hearing, as a judge can reduce the charges after reviewing the evidence.”

On Monday, the judge decided to postpone a status hearing to Sept. 3, while the preliminary hearing will take place on Sept. 18. The delay is because the SAL did not have enough time to prepare for the proceedings, something Rivera Delgado indicated was foreseeable.

Judge Padilla Cotto decided that witnesses who are absent from the September preliminary hearing will not be allowed to testify. She also stated that Avilés Cabrera’s face cannot be shown in court during the proceedings.

“The courts take appropriate precautionary measures because they are obligated to maintain the confidentiality of minors, including the girl who has not yet been [formally] charged,” Rivera Delgado said. “She has been charged with a crime, and probable cause for her arrest has been established. After the preliminary hearing, if it is determined that there is probable cause to believe she may have committed a crime, formal charges will be filed.”