Woman charged in death of her 5-year-old son has sentencing halted, plea withdrawn due to status as US resident

Nickolle Aguilar said she was a US citizen at the time of her plea hearing

SAN ANTONIO – A mother charged in the death of her 5-year-old son had her plea withdrawn and sentencing halted because of her status as a U.S. resident.

Nickolle Aguilar, who was scheduled to be sentenced on Friday, is a U.S. resident though she claimed to be a citizen during her plea hearing and Pre-Sentence Investigation interview, Judge Velia J. Meza revealed on Friday.

“When I asked you if you were a citizen at the time of the plea, your answer was ‘yes,’” Meza said Friday.

At trial, Aguilar said she did not have a U.S. passport so she smuggled herself from Nicaragua to Costa Rica, Meza said.

Meza said she read letters from Aguilar’s family that stated she was born in Costa Rica and moved to the U.S. as a child.

The plea was withdrawn and will be reworked with an immigration attorney present.

Aguilar, along with her then-boyfriend Daniel Garcia, were charged in the death of Domenic Aguilar-Acevedo.

In July 2021, Domenic died in a Northeast Side hotel, but his body was left in a ravine in Colorado by Aguilar and Garcia.

Garcia last week was found guilty of injury to a child and is awaiting his sentencing date in August.

Before his trial, Aguilar had accepted a plea deal in exchange for her testimony against Garcia. Per the plea deal, Aguilar was facing a maximum sentence of 15 years in prison.

An immigration attorney has been appointed for Aguilar.

A hearing to decide how to move forward is set for July.

About the Authors

Erica Hernandez is an Emmy award-winning journalist with 15 years of experience in the broadcast news business. Erica has covered a wide array of stories all over Central and South Texas. She's currently the court reporter and cohost of the podcast Texas Crime Stories.

Misael started at KSAT-TV as a photojournalist in 1987.

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