A 41-year-old man was sentenced Friday, August 9 to 15 years to life in prison for strangling his wife in a Tustin bedroom while their two young sons were present.
Erik Merida-Diaz was convicted in June of second-degree murder for the July 6, 2017, killing of 35-year-old Elvira Ventura.
Merida-Diaz “strangled his wife to death in their bedroom,” Deputy District Attorney Jeff Moore said in his sentencing brief. “The cruelty of the murder is enhanced 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 allowed her body (to) lie deceased in their bedroom for hours, which shows a high degree of callousness on his part,” the prosecutor said.
Moore added the killing “was an escalation of behavior on the part of the defendant as he had previously hit Ms. Ventura during a separate argument.”
The victim “was unhappy in the marriage and wanted to leave the defendant,” Moore said. “However, in a very selfish and cruel act, the defendant would not allow that to happen.”
The two had been married for 11 years, according to his defense attorney, Madeline Berkley of the Orange County Public Defender’s Office. They had two sons at the time who were 2 and 6 years old, and shared a two-bedroom apartment with another couple.
Three months before the deadly conflict, the defendant “discovered she was unfaithful in their marriage,” Berkley said in a sentencing brief.
So angered by explicit content he saw on her phone, he destroyed the “phone, some clothes and a few photos,” Berkley said.
“Tensions between the couple were high, leading to arguments, and both parties contemplated leaving the relationship. Mr. Merida Diaz was also unfaithful and had an affair,” Berkley said.
“Despite their issues, the marriage continued and Elvira became pregnant with defendant’s child,” the defense attorney said. “This was a welcome surprise for both parties who hoped the baby would help heal their marriage. However, Elvira miscarried and instead, the couple endured more pain and distress.”
The family went to watch fireworks on July 4, 2017, and the defendant went to work as usual the next day, the defense attorney said. He came home later after working a second job and an argument ensued that led him to choke her to death, his attorney said.
Berkeley said the victim threatened to leave him and take the children away.
“When he realized what he had done, defendant consumed full bottles of over-the-counter medication and sliced his wrists intending to kill himself,” Berkley said. “He left a note asking the Hernandez’s to take care of their children and fell unconscious.”
When he woke up about 9 a.m., he dialed 911 and admitted he killed his wife.
Orange County Superior Court Judge Gary Paer gave Merida-Diaz credit for 2,591 days behind bars.
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