(NewsNation) — The brother of Jose Ibarra, the man accused of killing Georgia nursing student Laken Riley, was called to the witness stand by the defense.
Diego Ibarra did not appear as a witness after his lawyer advised him not to testify without him due to a pending federal immigration charge.
As such, the judge decided to pull Diego Ibarra from the stand. He is being contained in a holding cell in Athens-Clarke County and could take the stand Wednesday.
A police officer also testified Tuesday about the last calls and texts found on Riley’s phone, while footage showing her jogging moments before her death was also shown Tuesday. Prosecutors allege Ibarra was just out of sight of the camera angle.
Riley was reported missing Feb. 22 when she didn’t return home from a run. Investigators later discovered her body in a forested area on the University of Georgia campus in Athens. UGA police arrested Jose Ibarra the next day.
University of Georgia police Sgt. Sophie Raboud examined Riley’s phone data. The last text message Riley sent was to her mom, saying “Good morning, about to go for a run if you’re free to talk.”
Raboud told the court that Riley’s mother called the 22-year-old at 9:03 a.m.
Then, at 9:37 a.m., her mother texted Riley, asking her to “Call me when you can.” It was not read, Raboud said.
After calling twice, Riley’s mother texted again, telling her daughter “You’re making me nervous not answering while you’re out running. Are you OK?” which Raboud said also went unread.
Riley’s mother called multiple times again, and her sister and stepfather tried to call as well.
“Please call me, I’m worried sick about you,” her mother’s text sent at 11:47 a.m. read.
Prosecutors said Ibarra killed Riley after a struggle, and data from Riley’s smartwatch shows her heart stopped beating at 9:28 a.m.
Tuesday marks the third day of the trial. Over the previous two days, the prosecution has called 19 witnesses. Riley’s roommates, police officers and FBI agents all testified.
Prosecutors say they only need half a day more, and the defense says it only plans to call a few witnesses themselves — including Jose Ibarra’s brothers, Diego and Argenis. Diego and Argenis Ibarra, who, like Jose are Venezuelan citizens, have been in federal custody since February on charges they had fake green cards.
The defense was instructed to bring the brothers to Athens, Georgia one full day ahead of schedule.
Jose Ibarra is charged with murder, kidnapping, aggravated assault, battery and tampering with evidence. If convicted, he faces the possibility of life in prison without the possibility of parole. The 26-year-old has pleaded not guilty on all counts.
In court Tuesday, law enforcement agents who examined the crime scene spoke. Special agent Lucas Beyer of the Georgia Bureau of Investigations said the state of Riley’s clothing at the time indicated the suspect in this case manipulated it.
New trail camera footage of the individual stalking buildings on the day Riley died was introduced by the state Tuesday morning.
A video from inside the dining hall at the University of Georgia campus on a day Diego Ibarra was working there was shown as well. Beyer confirmed that Diego Ibarra was not wearing the black Adidas hat or blue jacket found at the crime scene.
Riley’s family members excused themselves from the courtroom when photos of the crime scene were shown.
Dr. Michelle DiMarco, a GBI medical examiner, conducted the autopsy of Riley’s body and testified that Riley had injuries, including scrapes, bruises and cuts, to her head, neck, torso, abdomen, left hand and left leg. Her injuries included eight cuts to her head, including one that fractured her skull, DiMarco said.
Prosecutors have said that Ibarra hit Riley in the head with a rock and DiMarco said the injuries “could be consistent with a rock.” A GBI specialist testified Riley’s DNA was found on two rocks at the scene. The DNA specialist also said that Riley’s DNA and Ibarra’s DNA were both found on a jacket that was retrieved from a trash bin at Ibarra’s apartment complex.
Previous testimony in Jose Ibarra’s trial
Police on Monday showed body camera footage of the moment they first made contact with Jose Ibarra. Police said they noticed scratches and cuts all over his arms. In video footage from the police, Jose Ibarra was not able to explain where those injuries came from.
Prosecutors say these are clear defensive wounds from when Riley was fighting for her life.
A technological analysis of Riley’s watch revealed the exact moment the 22-year-old stopped dead in her tracks before launching an emergency call to police that was abruptly hung up.
An FBI agent said in court Monday that GPS location data from Jose Ibarra’s phone puts him in an identical spot as Riley at the exact moment she died.
In opening statements, prosecutor Sheila Ross said Jose Ibarra “went hunting for females on the University of Georgia’s campus.”
Meanwhile, defense attorney Dustin Kirby called Riley’s death a tragedy, but argued there is not sufficient evidence to prove that Jose Ibarra killed her.
