The man who killed 92-year-old Maria Consuelo Rivera in her National City home won his right Wednesday to represent himself and will try to withdraw his guilty pleas to murder and burglary.
About 15 members of Rivera’s family gathered Wednesday for what was to have been the sentencing of Peter Thao, 27, only to find out there is a delay in his case until Sept. 25.
Thao fired his public defender, Rohanee Zapanta, and Chula Vista Superior Court Judge Ana Espana reluctantly granted Thao’s request to represent himself.
Espana repeatedly warned Thao he is going up against an experienced prosecutor and said any disruption in court by Thao would result in termination of his pro-per status.
“You will be fully responsible for knowing the law,” said Espana.
Thao said he would file a motion to withdraw his guilty pleas made on June 8 to first-degree murder and residential burglary in which he earlier agreed to accept a sentence of 31 years to life in prison.
“We’re giving you more than a month to get it done,” said Espana.
Espana told Thao that if she denies his motion, the sentencing would then follow. Guilty pleas are usually not withdrawn successfully, and Thao will have to prove there was misconduct or intimidation to him before he pleaded guilty.
Espana allowed two members of Rivera’s family to speak Wednesday since they cannot return on Sept. 25.
“You murdered my grandmother,” said Joie Rivera. “You took from us our loving and caring mother…grandmother, and great grandmother.”
Joie Rivera said Maria Rivera lived in National City for 40 years and “everyone knew her.” She worked at a hotel previously and was very interested in current events, she said.
“Maria Consuelo Rivera was our core. I miss her voice,” said Joie Rivera. “She didn’t deserve to go the way she did.”
Deputy District Attorney C.J. Mody said Thao followed Rivera home Oct. 22, 2016 to her apartment at almost 6 p.m. in the 1100 block of D Avenue after she left a bus that came from an East County casino. He knocked her down, punched her, and struck her head 4-5 times.
The cause of death was blunt force trauma, said Mody. Thao was arrested Nov. 10 by National City Police.
“We were robbed of our loving matriarch,” said Editha Aguilar, her granddaughter. “Our lives have not been the same since.”
Maria Rivera had five children, 14 grand children and 17 great grandchildren, said Aguilar.
Thao, of Mira Mesa, told the judge he attended several years in college when she asked him about his education. She told him the court could not give him any legal advice.
Thao remains in the George Bailey Detention Facility without bail.
