April 1, 2022- 10:59 p.m.
AbbieGail Smith’s mother reported her missing from their New Jersey apartment complex. Police later found her body sexually assaulted and stabbed.
Her killer, Andres Erazo, confessed to the crime, and was found guilty. He filed an appeal in March 2022, which he won.
Abigail Smith, 11, went upstairs to visit her neighbor in their New Jersey Apartment. Andreas Erazo lived in apartment 16-A, directly above AbbieGail with his mother and brother.
When AbbieGail did not return home, her mother, Carol Bennett, called the police. Police went to apartment 16-A and found Erazo alone. They asked if they could search the apartment for AbbieGail. Erazo agreed, but police did not find any sign of the missing child.
They left but returned to search Erazo’s apartment again around 5:00am. The second search did not turn up any evidence either.
Around 10:30am, police who were searching the area for evidence found AbbieGail’s remains on a roof that was adjacent to Erazo’s bedroom window. She was not wearing any pants or underwear.
AbbieGail had been raped and stabbed in the neck. Her body was found bound with cords, wrapped in a futon cover. Police would later trace the items back to Erazo.
Police asked Erazo to come in for questioning, which he agreed. He was brought to the police station and given an unrecorded interview that lasted 1.5 hours.
After this interview was over police learned a witness came forward stating they saw AbbieGail going into his apartment the night she went missing. Feeling this was enough to suspect Erazo, police decided to interview him again.
Police read Erazo his Miranda Rights and recorded the second interview.
Erazo confessed to accidentally killing AbbieGail, explaining he believed she was an intruder. When asked about the sexual assault, he stated he blacked out.
Andres Erazo was indicted for first degree murder; three counts of first degree aggravated sexual assault; Fourth-degree unlawful possession of a weapon, third degree possession of a weapon for unlawful purpose in July 2017.
He accepted a plea deal, pleading guilty to murder and aggravated assault.
He received a life sentence plus 50 years to run concurrently.
In 2022, Erazo filed a motion stating that his confession should not have been admissible. He argued that he was being held as a suspect for both interview and that his Miranda warnings were “undermined.”
Erazo’ also argued his young age of 18, coupled with the fact he did not finish high school, and suffered from untreated bipolar disorder, made him susceptible to coercion.
The supreme court reversed the decision in part, ruling that Erazo’s confession should not have been used in court against him. The decision means Erazo can withdraw his guilty plea and potentially get a new trial.
The prosecutor’s office stated they have other evidence, including DNA, that proves Erazo committed the murder, and they will fight the decision, which they are currently in the process of doing.
