Man gets life without parole for rape, murder of woman, 85

BAKERSFIELD, Calif. (KGET) — A man convicted of murder and rape in the death of an 85-year-old woman was sentenced Friday to life in prison without the possibility of parole.

Sergio Gonzalez-Herrera, 33, was found guilty last month of attacking Maria Garcia early on Nov. 24, 2021. She died the next month.

Prosecutor Cole Sherman said “this was a brutal sexual assault” and Gonzalez-Herrera’s actions went “beyond that seen in a normal sexual assault case or a homicide.”

Despite imposing a sentence that will keep Gonzalez-Herrera behind bars for the rest of his life, Judge John W. Lua acknowledged nothing he does can bring peace to Garcia’s family. All they’re left with are memories of their loved one, he said.

Gonzalez-Herrera entered Garcia’s home and dragged her from bed then sexually assaulted her. The assault stopped when police arrived and took him into custody.

Garcia was medically examined and questioned before returning home. She fell and broke a hip the same day, and died at Memorial Hospital on Dec. 6, 2021.

A forensic pathologist determined she died from complications of blunt force injuries from the fall — and that when she fell she had not recovered from the sexual assault.

Based on the pathologist’s findings, Sherman said at trial, the assault ultimately led to Garcia’s death.

Deputy Public Defender Nick Roth argued at trial the evidence did not support the murder or rape charges.

Roth noted Garcia underwent surgery after breaking her hip and began experiencing complications in the days afterward. She became anemic.

Doctors recommended a blood transfusion, but Garcia and her family refused because the procedure went against their beliefs as Jehovah’s Witnesses.

Roth said the blood transfusion might have saved her life.

Regarding the rape charge, Roth said Gonzalez-Herrera attempted but was unable to commit the act.

Gonzalez-Herrera told detectives he entered the home under the mistaken belief his brother’s wife and children were being held hostage inside.

He said he blacked out and didn’t remember trying to have sex with anyone, and had snorted meth two days earlier, according to court documents.

At 4:20 a.m. on the day of the assault, one of Garcia’s grandsons, while preparing breakfast, saw a stranger in the backyard. He went outside and confronted Gonzalez-Herrera, telling him to leave by the side yard.

As the grandson walked toward the side yard to unlock the gate, Gonzalez-Herrera ran inside the house and locked the door.

Gonzalez-Herrera grabbed a knife and entered the bedroom of another grandson, who then ran outside. Gonzalez-Herrera then barricaded himself inside Garcia’s bedroom and sexually assaulted her while the grandsons called 911.

Police kicked down the door and found Garcia on the floor and a shirtless Gonzalez-Herrera nearby. He resisted arrest but was restrained and taken into custody.

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