A Belmond man who had his murder conviction overturned has sued Wright County and officials involved in his original prosecution. Jose Aguilera, 59, filed the civil lawsuit in U.S. District Court last week, alleging malicious prosecution, false arrest, conspiracy, and intentional infliction of emotional distress.
Aguilera is seeking punitive and compensatory damages as he says his constitutional rights of due process and to confront witnesses were violated. Aguilera was convicted in the August 1996 shooting death of Jesus Garcia. The two worked at an egg plant together. Garcia died after being shot in the chest during a party at another co-worker’s home in Rowan.
The Iowa Supreme Court in December 2011 ordered a new trial for Aguilera, saying prosecutors improperly suppressed a state investigative file that strengthened Aguilera’s statements that the shooting was accidental. Aguilera was convicted last year of involuntary manslaughter and since that time, has been released from prison and deported to Mexico.
by Bob Fisher, KGLO