The killer of 8-year-old Maddie Middleton remains a danger to the Santa Cruz community
SANTA CRUZ — A judge ruled Tuesday that 24-year-old Adrian Gonzalez, who confessed to murder, would likely be a danger to society if released immediately from juvenile detention.
Just nine years ago, Gonzalez, then 15 and living with his mother in the Tannery Artist Lofts, lured 8-year-old Madison “Maddy” Middleton into a vacant apartment where he strangled, raped, and stabbed the neighbor to death. In 2021, under then-new state Juvenile Justice Reform Bill 92, Gonzalez was ordered to return to the juvenile justice process rather than continue to be tried as an adult. He quickly pleaded guilty and was sentenced to be a ward of the state's juvenile detention center until the maximum age of 25.
Gonzalez was scheduled to be released ahead of his birthday in late October, pending a hearing by the Santa Cruz County District Attorney's Office in May to challenge his eligibility for release.
On Tuesday, Judge Deneen Guy said there was probable cause to believe Gonzalez is a physical danger to the public because his mental or physical condition, disability or other issue makes it extremely difficult for him to control his dangerous behavior, and ordered a jury trial for Gonzalez to begin up to 30 days after the ruling.
Atypical Juvenile Court Process
“This is a unique case because our law does not have any provision for jury trial in juvenile cases,” Geise said. “He is under the jurisdiction of the juvenile court, so this is a unique case.”
This week's sentence follows a four-day probabilities hearing before Guy that concluded last week.
Jurors will consider the same question before Guy — whether they believe beyond a reasonable doubt that Gonzalez would be a danger to society if released. Guy said Tuesday that he purposely did not summarize details of Gonzalez's original case because of the proximity of the scheduled trial and concerns about prejudicing potential jurors.
Gonzalez attended that day's hearing via online video conference from the Sonoma County Juvenile Detention Center. Also attending the video conference were Maddie's family. Also in court were Gonzalez's mother, Reggie “Reggie” Dimailig Factor, friends and numerous concerned community members. Factor, attorneys representing Gonzalez and the Santa Cruz County District Attorney's Office declined to comment on Tuesday's ruling.
“It's not a black or white issue.”
Outside the courthouse after the hearing, a 17-year-old young woman sat on the steps with friends. She said she was Maddie's “best friend” at the time of her death and declined to give her name because she feared for her safety if Gonzalez were released. She said Gonzalez had been babysitting her and Maddie.
“He was very sweet to us and all the kids who lived there loved him,” the teenager said. “He was always showing us his yo-yo tricks and was very friendly. He was a camp counselor and was always in a position to be with the kids.”
The teen said she doesn't believe Gonzalez has adequately rehabilitated himself over the past nine years, noting that his rehabilitation program focused on sex crimes and not the assault, kidnapping and murder aspects of the case. She said she is relieved the case is going to trial because she expected the jury would have “common sense” and not approve his release.
“I'm not happy with this law (Senate Bill 92 of 2021) because I don't think people understood what it really meant when the law was passed that minors can't be tried as adults,” the teen said. “The justice system is too black and white and this is not really a black and white situation.”
Gonzalez's trial, which includes jury selection and other preliminary matters, is scheduled to begin at 9 a.m. on Aug. 19. If the jury determines Gonzalez poses a danger to society if released, he could be ordered to serve an additional two years in juvenile detention.
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