WACO, Texas — The defense attorney for Cecily Aguilar, the woman charged in connection with the death of Fort Hood soldier Spc. Vanessa Guillen, filed a motion Tuesday to have her indictment dismissed.
The motion argues the July 14 indictment lacks specificity, fails to state an offense and charges the same offense in more than one count.
The indictment charges Aguilar with one count of conspiracy to destroy records, documents, or other objects and two counts of destroying records, documents, or other objects.
Aguilar's defense argues the indictment includes no other alleged factual basis or allegations.
According to a FBI criminal complaint filed July 2, Aguilar helped her boyfriend Spc. Aaron Robinson dismember and bury Guillen's remains near the Leon River in Bell County in April, 2020.
Robinson is accused of killing Guillen with a hammer in an armory room on post on April 22, according to the criminal complaint.
Guillen's remains were found June 30. Robinson shot and killed himself on the morning of July 1 as Killeen police were approaching him.
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Lack of Specificity
Aguilar's attorney, Lewis Gainor, argues that because of the lack of specificity in the indictment he cannot prepare a proper defense.
"The Indictment in this case is shockingly bereft of factual detail from which Ms. Aguilar might be apprised of the charges against her," the motion reads. "Each Count is largely a recitation of the statutory language of the offense it charges, with limited or no application to Ms. Aguilar."
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Failure to State an Offense
Gainor's second argument focuses primarily on the wording in the indictment that includes "destroy records, documents, or other objects."
Gainor argues that while the complaint alleges Aguilar helped Robinson dispose and conceal Guillen's body, the indictment is not sufficient because her body is not an object.
"In ordinary parlance, individuals typically distinguish human beings, even when deceased, from mere “objects,” the motion reads. "The broadest definitions offered for the term “object” by MerriamWebster are “something that may be perceived by the senses” and “a thing that you can see and touch and that is not alive.”
Gainor's final argument asks the court to dismiss because the same offense is charged in more than one count.
“An indictment is multiplicitous if it charges a single offense in multiple counts, thus raising the potential for multiple punishment for the same offense, implicating the Fifth Amendment double jeopardy clause,” the motion argues.
The motion will be heard in Judge Alan Albright's court. A date was not set for the hearing.
Meanwhile, a motion filed March 23 to suppress Aguilar's confession was scheduled to be heard on May 25. A trial date has not been set.