WACO, TX — A jury has found an undocumented immigrant facing a theft charge guilty on a lesser charge.
The trial of an undocumented immigrant indicted on a theft charge started on Wednesday in the 19th District Court of McLennan County.
Estela Fajardo, who is facing deportation, was accused of buying stolen jewelry, electronics and precious metals worth between $2,500 and $30,000 in 2016.
According to a Waco police detective, there was a clutter of iPads and jewelry when he executed the search warrant at Fajardo's home in Robinson three years ago.
Prosecutors who described her home looked like a "pawn shop" stated evidence during the trial would show the defendant knew she was buying stolen property and was creating a market for burglars.
They added some of the tablets recovered from her home had the photos of the original owners saved as the screen saver. In addition, a TV had drops of paint that matched the wall from where burglars removed it.
Jatramaine King, who is serving a 20-year-sentence for the burglaries, stated Fajardo never gave her a receipt after purchasing the items, which appeared to be for personal use. In addition, King said he never told Fajardo the items he was selling her were stolen.
Six burglary victims took the stand on Wednesday, describing the type of items stolen from them in 2015 and 2016, including TVs, iPads and custom made jewelry, including class rings.
They mentioned being saddened after losing items being passed on by family members. They also stated, they have lived in fear after the crime happened.
Fajardo’s defense attorney Gerald Villarrial told the jury he is not disputing the burglaries happened but he said Fajardo wasn’t aware of the items being taken from burglarized homes, which mostly had undocumented immigrants as residents.
He described Fajardo as a collector of items and emphasized most of the 72 items seized belonged to her.
Laderron Henry who was convicted for the burglaries and is serving a 12-year prison sentence also took the stand.
He didn't answer any questions related to the burglaries or Fajardo's knowledge of the origin of the items, pleading the fifth amendment.
At first, the prosecution and the defense disagreed on whether Henry could do that under the circumstances.
19th District Court Judge Ralph Strother stopped the trial and asked for a third opinion on the matter.
Ultimately, the McLennan County District Attorney's Office offered Henry testimonial immunity, which would allow him to testify without fear of being prosecuted.
He said he would not cooperate and only replied to questions saying "no" and "I don't remember."
Her immigration attorney Anali Looper said a guilty verdict would be detrimental for her plea to avoid deportation.
Looper plans to request the U.S. Customs and Immigration Enforcement to rescind the reinstatement of removal order.
Looper said the order, which can be used more than once for deportation, prevents Fajardo from seeing an immigration judge to plea her case.
On Tuesday, Fajardo’s supporters stood outside the McLennan County Courthouse rallyingfor justice in her case.
Fajardo who is the owner of several businesses has been in the Waco area for more than 30 years. She is the mother of four U.S. citizens.
Fajardo has already spent three years combined at two Waco jails because of an immigration hold. She filed a sexual assault lawsuitagainst a guard at the Jack Harwell Detention Center last year.
Fajardo was found guilty of a lesser charge for theft ranging between $750 and $2,500, a class A misdemeanor.
She was sentenced to 365 days in jail and fined $1,000. The Waco Immigrants Alliance said Fajardo could face deportation the week of March 11.
