Preliminary hearing against teenager accused in fatal stabbing suspended due to jurisdictional dispute

By THE STAR STAFF

The preliminary hearing against Anthonieska Avilés Cabrera, who is charged with murder and weapons violations, was suspended Thursday at the Aibonito Judicial Center after her defense, led by attorneys Rocío Revelles and Athelyn Jiménez of the Legal Aid Society, filed a motion to dismiss alleging lack of jurisdiction.

The defense presented the motion during the start of the necessity hearing, which was to assess whether a minor witness should testify via closed-circuit television or in person.

Avilés is accused in the stabbing death of 16-year-old Gabriela Nicole Pratts Rosario following an end-of-the-summer public street festival in Aibonito in August. Avilés was 17 at the time of the incident.

The attorneys argued that the adult court lacks jurisdiction because, at the time of the events, Avilés was a minor and had a cognitive level equivalent to that of a child of approximately 10 years old, according to psychometric evaluations from the Department of Education. That argument led to the immediate interruption of the proceedings to allow the prosecution to respond in writing.

Judge Cristina Córdova Ponce granted the Public Prosecutor’s Office until next Monday at noon to present its position, while the court scheduled an argumentative hearing for next Tuesday at 2 p.m. As a result, the preliminary hearing originally scheduled for Thursday was postponed and rescheduled for Dec. 11, 15 and 17 at 10 a.m. in Courtroom 004 in Aibonito.

The hearing on the need for a hearing, which also began Thursday morning, was likewise suspended and moved to next Thursday at 9 a.m., pending the court’s resolution of the jurisdictional issue.