Guevara takes police to where boy was thrown...

Posted at 5:13 PM, Feb 04, 2016
and last updated 2016-02-04 18:35:54-05

The woman accused of being there when her boyfriend killed his mother and threw his 5-year-old half brother in the Elkhorn River is in court for a suppression hearing, Thursday.

Gabriela Guevara, 25, is charged with 5 counts of being an accessory to murder, and kidnapping.  Her boyfriend, Roberto Martinez-Marinero is charged with murdering his mother Ismenia Marinero, half-brother Josue, and dumping his 11-month-old brother Angel in a La Vista dumpster last May.   Ismenia’s body was found in a grassy area near the Lauritzen Gardens.  An Amber Alert was then issued for Josue.  Police say Guevara told them Roberto threw the 5-year-old off a bridge into the Elkhorn River, and showed them exactly where it happened.  His body was found hours later.

The defense wants Guevara's interviews with police thrown out of the case because they believe she suffered from PTSC and panic attacks at the time and wasn't under the right mind to waive her Miranda Rights.

"It's important because we only want to rely on confessions that are voluntary and Miranda waivers that have been knowingly and intelligently waived," Guevara’s attorney Mallory Hughes explained.

While at the river court testimony indicates Guevara makes a gut-wrenching statement to investigators.

"She feared I was going to throw her over the bridge,” OPD Detective Wendy Dye said of Guevara.

Prosecutors say there entire conversation was recorded on audio; no threats were made by police.

"There's all kinds of things that you could possibly think about, the feelings of herself and her responsibility in being there when this little boy is thrown in the river and she was present,” Douglas Co. Attorney Don Kleine described.

The defense argued Roberto physically and mentally abused Guevara.  But Ismenia's family feels she had a larger role than she'll admit.

Both attorneys will file briefs before the judge makes a decision.

Roberto Martinez-Marinero will be in court next week.