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The Life and Death of a Former East Austin Gang Member

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The Life and Death of a Former East Austin Gang Member


When Arleen Juarez was designing a memorial T-shirt for her son, Dio-
mani, to wear to his father’s funeral, she decided quickly on the image that would go on the front: a photo of father and son, taken from behind as they squatted together on an empty baseball diamond. For the back of the shirt, though, she struggled to find a quote that felt right. Searching the internet, she came across a line from a journal entry by the American poet Anne Sexton: “It doesn’t matter who my father was; it matters who I remember he was.”

Who Josh Rivera was is complicated, but it could probably best be summed up by what his cousin Alexia Aleman told me at the wake: “Josh loved feeling loved.” It was a need he carried with him right up until he was shot to death in a southeast Austin house in October.

Josh hailed from a part of the city far removed from the high-tech, high-rent metropolis that much of Austin has become. He and his friends were among perhaps the last generation to know the city’s East Side as it once was—a primarily Black and Hispanic neighborhood lined with clapboard shotgun houses, where lowriders cruised on Sunday afternoons without prompting noise complaints and cheap tacos and tortas could be found on East Cesar Chavez Street.

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The hearse carrying Josh passes down Thurgood Avenue, where he grew up, on the way to his memorial service, November 2, 2023, in Austin.Photograph by Jeffrey McWhorter

Joshua Steven Lopez Rivera was born on November 22, 1994, to eighteen-year-old Henry Rivera Jr. (a.k.a. Little Henry) and twenty-year-old Barbara Ann Lopez into what Josh’s older brother, Henry III (a.k.a. Baby Henry), called “the agony life.” Little Henry, by his own admission, was more focused on “illegal business” than on his sons’ upbringing, and after splitting up with Barbara, he was incarcerated in federal prison on a ten-year sentence for drug trafficking when Josh was five.

Josh and Baby Henry bounced back and forth between their paternal grandmother and their mother, enduring a string of stepfathers who, according to Baby Henry, ranged from tolerable to violently abusive. Baby Henry, two years Josh’s senior, assumed the role of protector, literally shielding his little brother’s body from beer bottles and belt buckles. Ten-year-old Baby Henry would regularly threaten to kill one of his mother’s abusive husbands, and when he grabbed a pocketknife one cold night to make good on his promise, he was shipped off to a camp for troubled boys, where he’d stay for the next three years. That first Christmas without Henry, Josh told his mom he didn’t want to open his presents until his big brother came home. At the end of one off-site visit, during which things briefly felt almost normal, Josh clutched his older brother in a hug and cried, not wanting him to leave again.

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With both of his male protectors gone, Josh drew all the more tightly to his mother, even as she dealt with her own instability. “[He was] a true momma’s boy,” Alexia said—so much so that Josh would later have those two words tattooed in inch-high scripted letters along his right jawline.

Baby Henry eventually returned from camp, and the two adolescents, still without a father in their day-to-day lives, found a home in the open arms of Thurgood Avenue, a tight-knit, two-block street in East Austin where Josh and Henry’s paternal grandmother lived in a three-bedroom house and where Baby Henry estimates that 90 percent of the boys “were raised by our grandmothers.” Like so many sons of incarcerated fathers, Josh and Baby Henry found on Thurgood a sense of belonging and protection but also trouble. It wasn’t long before Josh began smoking weed, carrying a gun, and wearing red, associating himself with the Thurgood Bloods, the dominant gang in the area.

When Little Henry got out of prison, in 2008, he tried to connect with thirteen-year-old Josh but found it difficult. “I remember having so much trouble with him,” Henry told me. “He was just so rebellious. He had a lot of anger, like anger towards me.”

One day, suspicious that his sons were involved in the same sorts of illegal activities he had engaged in, Little Henry yelled that the cops were coming. “All kinds of guns came out, drugs came out. And I remember him taking off, and me thinking, ‘Oh my god, what is my boy doing with this?’ ”


It was around this time, in 2009, that I first met Josh, while working on the project that would become a story, “The Boy From Booker T,” that was published in this magazine two years ago. He was a quick-witted fourteen-year-old with a thousand-watt smile, a head bursting with soft black curls, and an unmistakable staccato laugh. He was falling quickly for an older girl, eighteen-year-old Arleen Juarez, who remembers being smitten with his luscious locks and asking during their first conversation if she might run her fingers through them.

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The bliss of their teenage romance was soon shattered by the 2010 death of Arleen’s brother Christian in a car accident. Two months later Josh’s mom was killed in a motorcycle crash. That loss sent him into a tailspin of grief from which he would never recover. “She died, and then all hell broke loose,” Josh would later say.

“He wanted true love. Like, he was really that obsessed with what everybody wants­—to be loved,” his tía Yvette Rivera told me. “And he didn’t have that. The person that loved him the most was no longer here.”

Turning to harder drugs to cope, Josh was arrested twice for assaulting Arleen. Amid their struggles they welcomed Diomani in 2012 and a daughter, Hailee, two years later, but they split up for good in 2016. After assaulting another woman in 2018, he was incarcerated in Pam Lychner State Jail, in Humble, just outside Houston, where I visited him in 2020.

Sitting in a plastic chair by a window, Josh spent a half hour with me, discussing his regrets but also his hopes for the future. “I hope for a lot, a lot of difference,” he told me of his eventual release. “I hope to one day be again with their mom, so we can be a family, and I can be there with my kids every day; you know, same mom, same dad, same household, same family; you know, tuck my kids in, wake ’em up, brush their teeth, take ’em to school. I hope to have that again one day.” It was a sentiment I heard frequently from the young men I interviewed for “The Boy From Booker T”—the desire to be the kind of present, involved fathers they had lacked.

Rivera at Pam Lychner State Jail, in Humble, on January 9, 2020.Rivera at Pam Lychner State Jail, in Humble, on January 9, 2020.
Rivera at Pam Lychner State Jail, in Humble, on January 9, 2020.Photograph by Jeffrey McWhorter

When Josh was released, in October 2022, he and Baby Henry once again shared a tearful embrace. “It was the best version of him that I’ve ever seen,” his big brother recalled. He was eating healthily, Henry says, strictly avoiding pork and sodas, and “just had this glow.” He got a job as a trash collector for the City of Austin, waking up before 5 a.m. each day to stop by his cousin Alexia’s to grab the chicken, veggies, and black coffee she’d prepare for him. He’d shout “I love you, Lex!” on the way out the door, and later he would send her a few bucks to cover the coffee.

He also tried to make up for lost time with Diomani and Hailee, now ten and eight, taking them for staycations at local hotels and for daylong movie marathons. Proud to finally be earning his own money legally, he’d splurge on the kids, once spending $80 on snacks at the movie theater.

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Even Arleen, though resolved to never get back together with him, felt optimistic about the changes she saw in her children’s father. “He put structure into their lives,” calling every night at 7:45 to remind them to brush their teeth. “He knew the kind of father he wanted to be,” she said. “It hurts to know Dio and Hailee will never have Josh to call on as adults.”

Josh-Rivera-funeral-East-Austin-Jeffrey-McWhorter-father-Little-HenryJosh-Rivera-funeral-East-Austin-Jeffrey-McWhorter-father-Little-Henry
Josh’s father Henry Rivera, Jr., a.k.a. Little Henry, releasing a dove during Josh’s interment ceremony on November 2, 2023, at Assumption Cemetery in Austin.Photograph by Jeffrey McWhorter

The rain was running heavily down Baby Henry’s windshield on October 24, 2023, when he began to worry. Josh always answered his phone or at least called right back. On that Tuesday afternoon, four hours had passed without any response. The next morning, after several more unanswered calls and texts, Josh’s phone went straight to voicemail. “He gotta be in jail,” Baby Henry figured, as he checked in with his dad, or perhaps Josh had been in a car accident.

As the family made frantic calls to area jails and hospitals, someone hesitantly suggested the morgue. An employee there directed Josh’s dad to an Austin Police Department homicide detective. “I was by myself at the house,” Baby Henry said, when he got the call from his dad, “and I just screamed so loud. I just couldn’t believe it. I just started yelling. I was like, ‘No! Not my little brother, man! No, not my brother!’ ”

The exact truth of what happened in the southeast Austin house where Josh was allegedly murdered by his new girlfriend’s stepfather may never be known. The lurid stories reported in the local news draw only from the alleged shooter’s testimony given to police after his arrest. In his affidavit, 46-year-old Joshua Trezaratti states that, angered by unwanted sexual advances he claimed Josh made toward his wife, he shot Josh at least five times—once or twice after Josh was already lying on the ground, because Trezaratti “wanted to make sure he was —- dead.” Trezaratti also said that Josh had physically abused his stepdaughter and threatened the family previously. Josh’s family believes he was lured to the home and ambushed.

Coming from Thurgood, where the police are generally viewed with suspicion, and with three felonies of his own, Baby Henry is not accustomed to looking to the legal system for help. “I ain’t never liked the police,” he said. “And for me to be like, ‘I want justice for my brother,’ is even crazy for me to say.” But he’s determined to not “do something stupid” that would cause his father more heartache. As Baby Henry yearned for revenge, his dad reminded him, “We’re gonna leave it in God’s hands. We’re gonna let justice take care of it.”

Josh Rivera’s brother, Henry Rivera III, a.k.a. Baby Henry, making the hand sign for the 2-1, a reference to their neighborhood zip code, at Assumption Cemetery in Austin.
Josh Rivera’s brother, Henry Rivera III, a.k.a. Baby Henry, making the hand sign for the 2-1, a reference to their neighborhood zip code, at Assumption Cemetery in Austin. Photograph by Jeffrey McWhorter
Josh Rivera’s casket being carried into St. Julia Catholic Church.
Josh Rivera’s casket being carried into St. Julia Catholic Church. Photograph by Jeffrey McWhorter
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At the visitation, held on November 1, el Día de los Muertos, “Mexican
Heaven” by SPM, Josh’s favorite rapper, and Eric Clapton’s “Tears in Heaven” played on repeat as more than one hundred people, many of them dressed in Josh’s favorite color, red, filed into Mission Funeral Home on East Cesar Chavez to pay their respects. Nine-year-old Hailee hung close to Arleen while her brother, Diomani, wearing his custom T-shirt and red Converse All Stars (his father’s favorite shoe), leaned against the wall next to an old grandfather clock, watching videos on his phone and pausing just long enough to receive sympathetic hugs from teary-eyed aunts and grandmothers. Josh’s friends from Thurgood stepped in and out of the cool night air, sharing memories and cigarettes. 

Henry Rivera standing with his brother’s children, Hailee and Diomani, as Josh’s casket is lowered into the ground.Photograph by Jeffrey McWhorter

After the mourners murmured through a litany of Hail Marys and Our Fathers, Josh’s father moved to the front. He leaned his hulking frame on the lectern, his bright red button-up shirt matching the carpet and the lavish array of flowers surrounding his son’s casket. Breathing heavily, with eyes hidden behind dark sunglasses, he spoke slowly. “I was proud of him, and I shoulda told him, but I didn’t,” he admitted. “I wanna break down. I wanna cry. Tell my boy I’m so sorry. I’m so sorry, mijo. I know I didn’t show you love. Sometimes I treated you more like a friend. It was just so hard to get through to you.”

When Little Henry met with the APD investigators for the first time, he brought his son’s baby picture. “I know my son, you look at him as a little gangbanger, tattoos everywhere; to you it’s another hoodlum off the street, another less worry for society,” he told them. “But that’s not the case. That’s my little boy. . . . He was somebody. He was loved. A lot of people see someone like him, and they don’t think of him as a person. They think of him as trash. But they’re wrong. My boy ain’t trash.”  

Jeffrey McWhorter is a photojournalist who lives in Dallas.

This article originally appeared in the February 2024 issue of Texas Monthly with the headline “My Boy Ain’t Trash.” Subscribe today.



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Austin, TX

3 Top Texas Longhorn Recruiting Targets Were Blown Away By Their Visits to Austin

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3 Top Texas Longhorn Recruiting Targets Were Blown Away By Their Visits to Austin


The Texas Longhorns continue to do everything they can to better their team for the future, including dominating on the recruiting trail with some of the most sought-after prospects in the country.

Their latest installment comes after extending offers to offensive lineman Ty McCurry and Jayden Thompson, while also leaving a favorable impression on premier recruit Brayson Robinson.

As they continue to make a push for another top-10 class under head coach Steve Sarkisian, the Longhorns made a staunch impression on three of their top targets for the 2028 cycle.

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Forty Acres Stands Out

Texas Longhorns defensive back Kobe Black (6) and teammates react after making an interception during the second half against the Texas A&M Aggies at Darrell K Royal-Texas Memorial Stadium. | Scott Wachter-Imagn Images
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The Longhorns continue to make a push on the recruiting trail, hosting some premier targets on the first day of spring camp, and extending offers to McCurry and Thompson. Both players were impressed with what they saw, not just on the football field, either, but from the Forty Acres as well.

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“They said I’m their top guy and that they want me back out for a visit soon. “McCurry tells me of his conversations with the Longhorns before continuing on where they stand in his rankings. “I’ve loved the past two times I’ve been in Austin to check out the Longhorns and can 100 percent see them being a contender in my commitment down the line.”

McCurry was a Sports Illustrated freshman All-American and currently stands at 6-foot-6 and 270 pounds, currently holding 11 offers with many of them coming from the Lone Star State. The other offer from the first day of practice went to Jayden Thompson, number 15-ranked offensive tackle in the 2028 class according to 247Sports.

“My conversations with the coaches went very well, they were all very inviting and helpful,” Thompson told Texas Longhorns On SI of the Longhorns staff. “If I had one takeaway, it would be the tour of not just the football part of the school, but the campus as well.”

Another target for the 2028 cycle is Brayson Robinson, an edge defender out of Mavel, Texas. While he didn’t receive an offer yet, he has quickly garnered interest with some of the top programs in the country. The Arizona State Sun Devils and Alabama Crimson Tide have been on him mainly, but he’s hearing from a lot of schools, including the Longhorns, who impressed him.

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“It went amazing and I like how every coach introduced themselves to my family and me,” Robinson told Texas Longhorns On SI about his visit. “I also love the culture.”

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With still a while to go until the 2028 cycle becomes the forefront on the recruiting trail, Sarkisian and his staff continue to set themselves up to be at the top of the conversations regarding the premier talent on their target board.



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Austin, TX

Severe storms possible in Austin midweek. Here’s what to expect and timings.

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Severe storms possible in Austin midweek. Here’s what to expect and timings.


So far this month, Austin’s main weather observation site at Camp Mabry has recorded 0.7 inch of rain, but the year overall has been dry. Since Jan. 1, we’ve recorded just over 2.5 inches of rainfall, which is about 2.75 inches below normal at this point in the year.

While the weekend rain wasn’t exactly a drought-buster, we can still keep our hopes high — or, in the words of a classic infomercial: “But wait … there’s more!” 

Morning: We’ll wake early Tuesday under dark and cloudy skies, as the sun doesn’t rise in Austin until 7:46 a.m. because of daylight saving time. Temperatures will be near 70 degrees, but don’t expect the same foggy start we saw Monday. Winds will be a bit gusty out of the south, which will help keep the low-level moisture mixed and prevent it from settling in and creating a layer of fog. 

Midday: Sprinkles or light showers are possible through midday, but the heavier rainfall will hold off during the morning. The upper-level low pressure system approaching from the west will help produce active weather across West Texas during the first half of Tuesday. 

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Afternoon: However, across Central Texas an atmospheric lid, known as a capping inversion, will remain in place until surface temperatures warm up enough for rising air to break through the “cap.” Once that happens, the atmosphere will gradually destabilize through the afternoon and evening, allowing rain and thunderstorms to develop.

Breezy south winds will continue throughout the day, with gusts up to 25 mph. Afternoon temperatures are expected to climb into the upper 70s and lower 80s.

Once the cold front transits east of Austin on Wednesday, drier and cooler weather will settle in for the rest of the work week before 80-degree afternoon temperatures reemerge next weekend.



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Texas Mother Is Exonerated After 22 Years for a Crime That Never Happened – Innocence Project

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Texas Mother Is Exonerated After 22 Years for a Crime That Never Happened – Innocence Project


(Austin, TX – March 9, 2026) Carmen Mejia was exonerated today after Travis County District Court Judge P. David Wahlberg dismissed a 2003 murder charge against her, following a ruling from the Texas Court of Criminal Appeals (CCA) — the state’s highest criminal court — overturning her convictions and finding that new evidence established that Ms. Mejia is “actually innocent.” 

The CCA’s decision, on Jan. 22, 2026, found Ms. Mejia actually innocent of the death of a 10-month-old infant in her care who was critically burned from scalding bathwater due to a water heater in her rental home that lacked safety technology. Ms. Mejia has spent the last 22 years in prison for what the State claimed to be murder but now agrees was, in fact, a tragic accident.

“While we are overjoyed that the courts finally recognize that Ms. Mejia is innocent, this grave injustice should have never happened in the first place,” said Vanessa Potkin, Ms. Mejia’s Innocence Project attorney. “Ms. Mejia is a woman of immeasurable strength, who has relied on her deep faith to withstand a traumatic period of her life that most people wouldn’t be able to survive. Her case is far from isolated. There is a clear pattern in our criminal legal system of wrongly accusing caregivers when a child in their care dies from an accident or illness, particularly when those caregivers are women of color. We have seen too many cases like Ms. Mejia’s where false and outdated medical testimony lead to wrongful convictions, and there are undoubtedly thousands more people still wrongly imprisoned because of such testimony.”

“Ms. Mejia, today we acknowledge that our office failed you,” said Sarah Byrom, Assistant District Attorney, Travis County District Attorney’s Office. “The State pursued and obtained a conviction against you for what we now understand was a tragic accident and that failure cost you over 20 years of your life. Nothing that I say, and nothing that we do in this courtroom today can restore the time that was taken from you or undo the pain and separation that you and your children have had to endure.”

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A Tragic Accident and Lost Evidence

On July 28, 2003, Ms. Mejia was at home with her four children and babysitting a 10-month-old when the fatal accident occurred. While Ms. Mejia was nursing her youngest child, her eldest daughter tried to bathe the baby. The water heater in Ms. Mejia’s rental home lacked the now-standard safety features, allowing the tub water to quickly reach 147.8 degrees Fahrenheit. Within seconds of being exposed to this high water temperature, the baby suffered third-degree burns. He died in the hospital later that day as a result of complications from the burn injuries.

Instead of recognizing this as the terrible accident it was, police arrested Ms. Mejia for murder. 

A combination of factors — in particular, invalid medical testimony and lost evidence supporting Ms. Mejia’s account of the accident — contributed to her wrongful conviction. No medical burn expert was called to testify at trial. Instead, the prosecution’s experts — a medical doctor and retired law enforcement investigator — incorrectly asserted that the baby’s injuries could only have been caused by an adult intentionally holding the child down in scalding water.

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As part of their investigation, forensic interviews were conducted with Ms. Mejia’s children after the incident. The children’s statements, which were video recorded, supported Ms. Mejia’s account that this was an accident. However, the recordings disappeared from law enforcement’s custody before the trial, as a result, the jury never heard these corroborating accounts.

At trial, the State presented no evidence of prior mistreatment or violence. Ms. Mejia had no criminal history. 

Ms. Mejia steadfastly maintained her innocence, including during her testimony at trial. Nonetheless, the jury returned a guilty verdict, convicting her of murder and injury to a child. She was sentenced to life in prison, lost her parental rights, and did not see her four children again for over two decades.

In this case from the start, the worst was assumed: That this was an intentional act,” said Collin Bellair, Assistant District Attorney, Travis County District Attorney’s Office, at today’s hearing. “We could not have been more wrong, and it turned a tragic accident into a wrongful conviction.”

 

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A Conviction Collapses Under Faulty Science

One significant person who believed in Ms. Mejia’s innocence during her trial was Art Guerrero, the courtroom bailiff. Ms. Mejia’s testimony and her vehement declarations of innocence stayed with Mr. Guerrero years after her conviction, so much so that he contacted the Innocence Project, the District Attorney’s Office, and another judge, urging a reexamination of Ms. Mejia’s case.

“From the time that you were taken from this place to prison, you were not forgotten … you were not forgotten. There was somebody thinking about you the whole time and just trying to figure out what to do and how to do it,” Mr. Guerrero said, addressing Ms. Mejia at her exoneration hearing.

After the Innocence Project took up Ms. Mejia’s case in 2021, the Conviction Integrity Unit of the Travis County District Attorney’s Office also agreed to investigate her innocence claim. During the reinvestigation, they located Ms. Mejia’s children, who had been adopted in a closed adoption and had spent the past two decades wondering what happened to their birth mother, even hiring a private investigator to no success.

In 2024, the Innocence Project filed a writ of habeas corpus in Travis County District Court, challenging Ms. Mejia’s wrongful conviction. Over the course of a year, Judge Wahlberg conducted hearings at which multiple experts presented evidence that — contrary to what the State’ presented at trial — the child’s injuries were consistent with an accidental scalding.

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Wendy Shields, senior researcher at the Johns Hopkins Center for Injury Research and Policy — whose decades of research have focused on preventing injuries in the home with particular expertise in scald burns — testified in 2024 that the water heater in Ms. Mejia’s rental home lacked recommended plumbing safety features designed to prevent scald injuries. She explained that this situation is common in homes built prior to the 1980s, like Ms. Mejia’s, before building safety codes were revised to require tap-level protections against scalding. 

“Burn injuries remain a leading cause of accidental injury and death among children. My research estimates that approximately 6,500 children experience tap-water scald burns each year in the United States. Between 2013 and 2022, there were approximately 1,600 tap-water scald injuries involving children under age 18 in incidents where another child was involved,” Dr. Shield said today.

“The technology to prevent these injuries already exists. Devices such as thermostatic mixing valves and other temperature-limiting plumbing protections can dramatically reduce the risk of tap-water scald burns. However, these protections are not consistently required in older housing, leaving many families without basic safeguards. This is particularly concerning for renters, who often do not control the maintenance or temperature settings of the water heater in their homes,” Dr. Shield added.

In 2024, Dr. James Gallagher, a burn surgeon and former director of the William Randolph Hearst Burn Center — one of the nation’s leading trauma burn centers — testified that the tub’s incredibly hot water could have caused accidental burn injuries “in a matter of seconds.” He found that “there is no medical evidence to support that this child’s injuries had to be the result of an intentional act by an adult,” directly refuting the 2003 trial testimony of the State’s experts.

One of Ms. Mejia’s daughters, now an adult who missed out on growing up with her mother, also testified about her recollections of the accident, including turning on the water. 

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At Ms. Mejia’s 2003 trial, the State’s medical examiner testified that the death was a homicide based on the available evidence at the time. Dr. Elizabeth Peacock, who performed the autopsy, reversed the manner of death determination from homicide to accidental in 2025 and testified that she would have “ruled this an accident,” if she’d had all of the information now available. When asked during post-conviction proceedings why she decided to take this step, Dr. Peacock responded with great clarity, because “it’s the right thing to do.”  

As a result of the new evidence presented in these hearings, the State’s key experts recanted their testimony supporting the prosecution’s theory that an adult had to have intentionally caused the burns. Judge Wahlberg found that no crime took place and subsequently, the CCA ruled that Ms. Mejia had established her innocence and overturned her conviction.

In dismissing the case based on her “actual innocence,” Judge Wahlberg told Ms. Mejia, “There’s nothing that I can say at this point that will bring back those 23 years. Signing this piece of paper won’t bring it back. There is no amount of money that will ever compensate you for losing the best years of your life. I wish I had that power. What I can do is say to you that there is a reason to hope and believe that your future will be better every day from now on, and I pray that it is so.”





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