Attorney: Illegal immigrant's Laken Riley murder charge could result in life imprisonment.

In a murder case, Jose Ibarra, a Venezuelan national, selects a bench trial instead of a jury trial.

Attorney: Illegal immigrant's Laken Riley murder charge could result in life imprisonment.
Attorney: Illegal immigrant's Laken Riley murder charge could result in life imprisonment.

Philip Holloway, a Georgia-based criminal defense attorney, stated that Jose Ibarra, the suspect accused of murdering Augusta University student Laken Riley on the University of Georgia campus in February, is "expediting his journey to life in prison" by opting for a bench trial instead of a jury trial.

On the morning of Feb. 22, a 26-year-old man allegedly attacked and murdered a 22-year-old nursing student while she was jogging on highly frequented pedestrian trails on UGA's campus.

On Tuesday, Holloway informed Planet Chronicle Digital that he does not comprehend the strategy behind Ibarra's defense team requesting a bench trial instead of a jury trial, which was agreed upon by state prosecutors and granted by Judge Patrick Haggard. As a result, Ibarra's trial has been rescheduled to begin on Friday, rather than on Monday as originally planned for a jury trial.

"Holloway stated that he is accelerating his path to life without parole by performing this action. "This will undoubtedly expedite the process," he said. "Legally, I am unsure of the reasoning behind the defense's decision to do this.""

Defense attorneys Kaitlyn Beck shuffles papers in a folder as Jose Ibarra, center, accused of killing a nursing student, Laken Hope Riley, appears in court for a motion hearing on Friday, Oct. 11, 2024, in Athens, Ga.
Jose Ibarra is shown in court for a motion hearing on Oct. 11, 2024, in Athens, Ga. (AP Photo/Brynn Anderson/Pool)

Ibarra's decision to choose a bench trial means he is forfeiting his chance to have a juror question his guilt. This means that instead of having the possibility of a single juror challenging the evidence against him and resulting in a mistrial, Ibarra will have his fate decided by a judge.

Ibarra's murder case has "overwhelming evidence of guilt," according to Holloway.

Laken Riley poses for a photo
Laken Riley was found dead near a lake on campus on Feb. 22, 2024. (Laken Riley/Facebook)

In a bench trial, the criminal defense attorney stated that the evidentiary presentation would be much faster, and both the prosecution and defense may opt to forego opening and closing statements as they are not necessary in a bench trial.

Ibarra and his siblings, who were undocumented immigrants from Venezuela, resided in an apartment complex near the UGA campus where Riley was jogging. According to UGA Police Chief Jeffrey Clark, Ibarra's murder of the aspiring nurse was a "crime of opportunity."

Jose Ibarra appears in court for a pre-trial evidence hearing in Athens, Georgia
Jose Ibarra appears in court for a pretrial evidence hearing in Athens, Ga., on Nov. 1, 2024. (Robin Rayne for Planet Chronicle Digital)

In May, a Georgia grand jury charged Ibarra with malice murder, kidnapping with bodily injury, aggravated assault with intent to rape, aggravated battery, obstructing or hindering a person from making a 911 call, tampering with evidence, and being a "peeping Tom."

The peeping Tom charge against the suspect resulted from a February 22 incident where the suspect allegedly visited a UGA campus residence in Athens and observed a university staff member through a window, as stated in the indictment.

Laken Riley poses for a photo posted to Facebook
Laken Riley was a nursing student at Augusta University. (Allyson Phillips/Facebook)

Recently, Ibarra attempted to remove the "peeping Tom" charge from his case, but prosecutors contended that the two incidents were "inextricably linked," and Haggard ultimately decided not to separate the charge.

The judge has allowed DNA and cellphone evidence that Ibarra's defense had attempted to exclude.

A general view of the area where Laken Riley’s body was found near Lake Herrick on the University of Georgia’s campus in Athens, Georgia
This is a general view of the area where Laken Riley’s body was found near Lake Herrick on the University of Georgia’s campus in Athens on Feb. 24, 2024. (Mark Sims for Planet Chronicle Digital)

The suspect, who is 26 years old, will be back in court on Nov. 15 for his trial. Jury selection for his trial was set to start on Wednesday, Nov. 13, but he requested a bench trial instead.

In September 2022, Ibarra entered the United States illegally through El Paso, Texas, and was released via parole. His older brother, Diego Ibarra, is accused of green card fraud and has connections to a known Venezuelan gang in the U.S., Tren de Aragua, according to court documents.

Diego ibarra poses with handgun and mask
Diego Ibarra is shown posing with multiple handguns on his social media accounts, according to court filings. (Middle District of Georgia)

The 2024 presidential election frequently discussed Riley's death in relation to the record illegal immigration across the U.S.-Mexico border over the past four years.

Over the past two years, five women, including Rachel Morin of Maryland, Jocelyn Nungaray of Texas, Lizbeth Medina of Texas, Ruby Garcia of Michigan, and Maria Gonzalez of Texas, were allegedly killed by illegal immigrants.

by Audrey Conklin

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