Cruz gets maximum in death of wife
Oct. 6—In the end, two enhancing factors led to Rony Noe Ambrocio Cruz receiving the maximum prison sentence for killing his wife — the brutality in which she was killed and Cruz being in the country illegally
Cruz, 36, was sentenced Monday to 25 years in prison for the beating, stabbing and strangulation of his wife, Sante Cecilia Amryccio Mendez, on Aug. 2, 2020, outside their home on Village Lane in Crossville.
It took a Cumberland County jury about three hours to return a verdict of guilty to second-degree murder at the conclusion of a July trial earlier this year.
Assistant District Attorney Philip Hatch argued for the maximum sentence, citing the cruelty of the crime, that Cruz is in the country illegally and the attempt to hide the body.
"The state finds no mitigating factors," Hatch told Judge Gary McKenzie. "There was no proof of mental or physical causes ... with enhancing factors being the exceptional cruelty of the crime."
Hatch added that the attack was so cruel death could have "come in three different ways."
The prosecutor added that according to federal authorities, Cruz is in the country illegal and U.S. Immigration and Customs Enforcement has placed a retainer on him.
During the brief hearing, Hatch relied on the testimony of two witnesses and his argument for a maximum sentence.
Tennessee Department of Corrections/Board of Pardon and Parole Officer Charles Stirz testified he prepared the pre-sentence report which included interviewing Cruz.
Stirz said Cruz told him he had been arguing with his wife over her infidelity for several weeks and believed her to be cheating on him.
Stirz's testimony included a statement from Cruz that he was hearing voices from Satan telling him "he needed to do bad things."
Defense attorney Jeff Vires argued that 17 1/2 years would be an appropriate sentence, stating strong provocation led to the killing.
"It wasn't the first time she had been unfaithful," Vires argued. "Her actions caused her own death ... she was flaunting her affairs."
Vires said Cruz led officials to his estranged wife's body and described the slaying as one more of passion than unprovoked attack.
Cruz rose to make a statement of elocution (a statement not subject to cross examination and not evidence with the judge deciding whether it has an affect on the decision-making process of sentencing).
Cruz made his statement in Spanish, which was translated in English for the record. The defendant apologized for the effect his actions have had and would continue to have on his children.
McKenzie rejected the provocation argument, saying, "That's not the way we do things in this country ... not the way we handle things. If she was having an affair, she was asking for it is not the way we do things ... I also cite being here illegally."
While Cruz does not have a prior record of felonies, McKenzie said by being here illegally on a daily basis builds a history of criminal offenses.
He added that he was also taking into account the cruelty of the death.
"This was a very violent personal attack," the judge said.
The judge then ordered a 25-year sentence to be served at 100% "that could be reduced 15%" under current state law (truth in sentencing)."
The case was then placed on the Dec. 2 docket for tracking on transcripts to assist motions for a new trial.
Vires asked the judge to allow Cruz to make available for his children his Spanish language Bible and drawings he had made while incarcerated.
McKenzie said he saw no reason the request could not be met and referred the request to jail staff.
Michael Moser may be reached at mmoser@crossville-chronicle.com
