A hearing to consider a motion to dismiss a murder charge against a Delavan man is scheduled for Aug. 13.
The hearing, initially set for June 19, was delayed until July 10 and then again until Aug. 13.
Rafael Olivarez, 39, is charged with first-degree intentional homicide in the May 4 stabbing death of his cousin Ivan Guerrero, 31, of Delavan.
On June 5, Olivarez’s attorney, public defender Travis Schwantes, moved that the case be dismissed because Olivarez was bound over for trial based on a false statement made in the criminal complaint – that Guerrero’s wife, Brenda Garcia, saw Olivarez stab Guerrero.
According to the criminal complaint:
Delavan police were called to 509 Lawson School Road, Building H, Apartment 8, for a report of a stabbing May 4.
Delavan police officer James Berlin made contact with Olivarez, whose face, hands, sweatshirt, pants and socks were soaked in blood. Berlin also made contact with Guerrero, who was lying on his back on the ground and appeared to be injured. A blood trail led from Guerrero to the door of Apartment 8 where there was a pool of blood.
Guerrero was covered in blood, was unable to respond when police called to him and was breathing slowly and shallowly. Berlin located a large penetrating stab wound in Guerrero’s upper abdomen that was about 5 inches long and 2 inches wide at its widest point. The officer reported the wound was so deep that visceral fatty tissue appeared to be exposed. Guerrero also had several deep slash wounds to his left arm.
Officer Rick Kendall spoke to Brenda Garcia, who said Olivarez, her husband’s cousin, had been a guest in their home for the evening. Garcia said Olivarez became belligerent with Guerrero and tried to attack him. Garcia said she tried to intervene but Olivarez struck her several times and threw her aside. Garcia said Olivarez then grabbed a kitchen knife and stabbed Guerrero. Garcia said Olivarez and Guerrero then went outside the apartment.
Guerrero died a couple of hours later at Mercy Hospital in Janesville, and Olivarez was arrested for his murder.
Berlin later made contact with Olivarez, who said, “I might be in prison for the rest of my life, but I got Mexicans that will take care of things for me out here,” according to the complaint.
An autopsy conducted May 5 revealed that Guerrero died as a result of “exsanguination” – blood loss sufficient to cause death – due to
