Rachel Amaris Elliott
1989-2008

Your Subtitle text
Case Updates

State and County leaders speak on victim's rights!

Steve Marched in Rachel's Honor.

February 6, 2013
Elva Diaz unsuccessfully appeals her conviction of involuntary manslaughter...

* *
Public Record of Appeal * *

Related article on appeal



August 5, 2011

Sentencing Hearing

Related Articles on Sentencing Hearing:

PRESS ENTERPRISE:
http://www.pe.com/articles/diaz-601860-rachel-johnson.html

MY VALLEY NEWS:
http://myvalleynews.com/sheriffs-log/former-emt-convicted-of-killing-young-woman-while-driving-drunk/


July 1, 2011

The verdict came in this afternoon...
Not guilty on 2nd degree murder
Guilty on Gross Vehicular Manslaughter

Sentencing hearing scheduled for 10:00 am, August 5, 2011, department 31


June 27, 2011
The trial is currently in progress and should continue through the rest of this week.
http://www.chicoer.com/news/ci_18356513


June 14, 2011

The trial is set to begin on Monday June 20 at 8:30 am in Department 41. The first few days of the "trial" are for administrative purposes, i.e. assigning a courthouse location, jury selection, etc. Later in the week proceedings will begin.


June 13, 2011
Today Judge Becky Dugan ruled against the public defender's motion to suppress the evidence retrieved from the "black box" in Elva Diaz's vehicle.

A trial readiness hearing is scheduled for tomorrow, June 14 at 8:30 a.m. in department 41.


June 11, 2011

The hearing scheduled for June 8 was moved to June 9.

The judge granted the motion made by the public defender for Elva Diaz to sever the driving on a suspended license charge from the rest of the case because she is charged with driving on a suspended license after she killed Rachel. This means the charge will not be heard along side the Second Degree Murder and Gross Vehicular Manslaughter charges.

The judge is scheduled to give a written ruling on Monday, June 13 regarding Elva Diaz's public defender's motion to suppress the evidence retrieved from the "black box" in her vehicle. The public defender claims the retrieval of the information from the black box has violated Elva Diaz's 4th amendment right to privacy. The prosecution argues that investigators acted in good faith in the normal course of performing their duties. 


May 31, 2011
The public defender has filed a motion to suppress evidence the prosecution is planning to use in the trial. Also she has filed a motion to sever the driving on a suspended license charge from the rest of the case.  The hearing for both of these motions is scheduled for Wednesday, June 8, 2011 at 8:30 am in Department 41. This hearing is open to the public.

The public defender has filed a motion to suppress evidence the prosecution is planning to use in the trial. Also she has filed a motion to sever the driving on a suspended license charge from the rest of the case.  The hearing for both of these motions is scheduled for Wednesday, June 8, 2011 at 8:30 am in Department 41. This hearing is open to the public.

The public defender has filed a motion to suppress evidence the prosecution is planning to use in the trial. Also she has filed a motion to sever the driving on a suspended license charge from the rest of the case.  The hearing for both of these motions is scheduled for Wednesday, June 8, 2011 at 8:30 am in Department 41. This hearing is open to the public.


May 19, 2011

The Judge denied the motion to set aside information/indictment pursuant to 995PC which would have dropped the 2nd degree murder charge. The Judge also denied the motion to drop the driving on a suspended license charge. http://www.myvalleynews.com/story/56452/ 


May 13, 2011

The judge denied Elva Diaz's public defender's request to recuse the prosecutor in this case.


May 11, 2011

Elva Diaz's public defender has made a motion to set aside information/indictment pursuant to 995PC.  This hearing which is scheduled for Thursday, May 19, 2011 at 8:30 am in Department 41. This hearing is open to the public.


May 10, 2011

On April 22, the judge denied Elva Diaz's public defender's request for the gag order and sealing of documents. Elva Diaz's public defender has now made a motion to recuse the prosecutor in this case and this hearing is scheduled for Friday, May 13, 2011 at 8:30 am in Department 41. This hearing is open to the public.


April 22, 2011

Elva Diaz was arraigned in Superior Court and a trial date has been set for June 14, 2011.

Following the arraignment Elva Daiz's public defender also made a motion for a gag order to prevent the prosecution from talking to the media and to stop the Elliott family from discussing the case on this website, and she has made a request for the court documents to be sealed in this case. The motions will be heard on April 29, 2011, at 8:30 am in Department 41.

http://www.pe.com/localnews/stories/PE_News_Local_D_wdui20.23326de.html
  

http://www.pe.com/localnews/stories/PE_News_Local_D_wdui23.2ad61a6be.html


April 10, 2011

At Friday’s Preliminary Hearing the Judge determined that there was sufficient cause to hold Elva Diaz to all answer on all charges against her for the death of Rachel Elliott, which are as follows:
    - Murder (PC 187 (A)

    - DUI Gross Vehicular Manslaughter PC 191.5 (A)

    - Driving on a Suspended/Revoked CDL DUI/Drugs VC 14601.2 (A)


On April 22, Elva Diaz is scheduled to be formally arraigned and the trial date will be set.


March 30, 2011
The Preliminary Hearing has been confirmed for Friday, April 8, 2011 at 8:30 am.  This proceeding, which is sometimes referred to as a "mini trial", is a hearing at which the judge determines if there is sufficient evidence to require the defendant (Elva Diaz) to stand trial in superior court for the charges against her. Normally just enough evidence is presented to "hold the defendant to answer".  No jurors will be present since the judge alone decides if there will be a trial. This proceeding is open to the public, and if you would like to attend you must meet with Carlos Romo (Victims Services Advocate) at the Riverside District Attorney’s office at 8:00 am the day of the proceeding.  Please refer to the numbered instructions listed below for where to park and how to find Carlos.

1.    Park at the parking structure at the corner of 12th & Orange in downtown Riverside.
2.    Meet with Carlos Romo (victims services advocate) at 8:00 am at the Riverside District Attorney’s Office Lobby, 3960 Orange ST, Riverside, CA 92509
http://www.rivcoda.org/locations.html
3.    When you enter the Riverside District Attorney’s Office go to the window and ask for Carlos and the receptionist will tell you where to wait.
4.    Carlos will escort you to the location of the preliminary hearing and strongly urges those planing to attend to meet with him at 8:00 am so he can take everyone over as a group and not cause a disturbance in the courtroom.

The actual time for the Preliminary Hearing is scheduled for 8:30 am at the Riverside Hall of Justice, Department 41 on Main St.

If you have any questions feel free to call Carlos, he is very familiar with our case and can answer any questions: Cell: 562-500-7656   Office: 951-955-6153


February 21, 2011
Today marks the 3rd anniversary of the day our precious Rachel died as a result of the multiple blunt force traumatic injuries she sustained as the victim of a head on collision caused by a drunk driver.
The FSC on January 28th has been continued to March 25, 2011, 8:30 am, and the Preliminary Hearing has been postponed and rescheduled for Friday, April 8, 2011 at 8:30 am in order to accommodate the court schedule of Elva Diaz's public defender.  These proceedings are open to the public, and if you would like to attend you must meet with Carlos Romo at the Riverside District Attorney’s office at 8:00 am the day of the proceeding.  Please refer to the numbered instructions listed below for where to park and how to find Carlos.


December 4, 2011
The Preliminary Hearing scheduled for December 1st was postponed until February 28, 2011 in order to allow Elva Diaz's new public defender time to become familiar with the case. One additional FSC is scheduled prior to this on January 28, 2011 at 8:30 am.  These proceedings are open to the public, and if you would like to attend you must meet with Carlos Romo at the Riverside District Attorney’s office at 8:00 am the day of the proceeding.  Please refer to the numbered instructions listed below for where to park and how to find Carlos.


December 1, 2010
The Preliminary Hearing has been scheduled for Wednesday, December 1, 2010 at 8:30 am. This proceeding, which is sometimes referred to as a "mini trial", is a hearing at which the judge determines if there is sufficient evidence to require the defendant (Elva Diaz) to strand trial in superior court for the charges against her. Normally just enough evidence is presented to "hold the defendant to answer". No jurors will be present since the judge alone decides if there will be a trial. This proceeding is open to the public, and if you would like to attend you must meet with Carlos Romo at the Riverside District Attorney’s office at 8:00 am the day of the proceeding.  Please refer to the numbered instructions listed below for where to park and how to find Carlos.

1.    Park at the parking structure at the corner of 12th & Orange in Down Town Riverside.
2.    Meet with Carlos Romo (victims services advocate) at 8:00 am at the Riverside District Attorney’s Office Lobby, 3960 Orange ST, Riverside, CA 92509
http://www.rivcoda.org/locations.html
3.    When you enter the Riverside District Attorney’s Office go to the window and ask for Carlos and they will tell you where to wait.
4.    Carlos will escort you to the location of the preliminary hearing and strongly urged that anyone wanting to attend should meet with him at 8:00 am so he can take everyone over as a group and not cause a disturbance in the court room. 

The actual time for the arraignment is scheduled for 8:30 am at the Riverside Hall of Justice, Department 41 on Main St.

The Preliminary Hearing has been scheduled for Wednesday, December 1, 2010 at 8:30 am. This proceeding, which is sometimes referred to as a "mini trial", is a hearing at which the judge determines if there is sufficient evidence to require the defendant (Elva Diaz) to strand trial in superior court for the charges against her. Normally just enough evidence is presented to "hold the defendant to answer". No jurors will be present since the judge alone decides if there will be a trial. This proceeding is open to the public, and if you would like to attend you must meet with Carlos Romo at the Riverside District Attorney’s office at 8:00 am the day of the proceeding.  Please refer to the numbered instructions listed below for where to park and how to find Carlos. 1.    Park at the parking structure at the corner of 12th & Orange in Down Town Riverside.  2.    Meet with Carlos Romo (victims services advocate) at 8:00 am at the Riverside District Attorney’s Office Lobby, 3960 Orange ST, Riverside, CA 92509 3.    When you enter the Riverside District Attorney’s Office go to the window and ask for Carlos and they will tell you where to wait.4.    Carlos will escort you to the location of the preliminary hearing and strongly urged that anyone wanting to attend should meet with him at 8:00 am so he can take everyone over as a group and not cause a disturbance in the court room. The actual time for the arraignment is scheduled for 8:30 am at the Riverside Hall of Justice, Department 41 on Main St.

If you have any questions feel free to call Carlos, he is very familiar with our case and can answer any questions: Cell: 562-500-7656   Office: 951-955-6153


September 30, 2010
A second Felony Settlement Conference (FSC) is scheduled for 8:30 am on October 5th and this proceeding is open to the public.  An FSC is an informal discussion between the prosecution and the defense attorneys in front of the judge in which they exchange information and try to negotiate a resolution to the case. If would like to attend the FSC you must meet with Carlos Romo at the Riverside District Attorney’s office at 8:00 am.  Please refer to the numbered instructions listed below for the date: “July 29, 2010” for where to park and how to find Carlos.


August 17, 2010
The arraignment did take place on the 16th and as expected Elva Daiz pleaded "not guilty". (http://www.willows-journal.com/news/guilty-5228-death-woman.html)  A Felony Settlement Conference (FSC) is scheduled for 8:30 am on September 7th and this proceeding is open to the public.  An FSC is an informal discussion between the prosecution and the defense attorneys in front of the judge in which they exchange information and try to negotiate a resolution to the case. If would like to attend the FSC you must meet with Carlos Romo at the Riverside District Attorney’s office at 8:00 am.  Please refer to the numbered instructions listed below for the date: “July 29, 2010” for where to park and how to find Carlos.


August 4, 2010
Elva Diaz is scheduled to be arraigned on Monday, August 16, 2010, at 8:30 am. At the arraignment she will be formally charged, will enter her plea, and a date will be set for the next hearing. The arraignment proceeding is open to the public.

If would like to attend the arraignment on August 16, 2010 you must meet with Carlos Romo at the Riverside District Attorney’s office at 8:00 am.  Please refer to the numbered instructions listed below “July 29, 2010”. All instructions remain the same, except for the dates and times.
 

August 2, 2010
During a bail review hearing, Superior Court Judge Michael Donner denied Diaz's request for a bail reduction and increased the amount from $1.5 million to $5 million.
Arraignment postponed until August 16, 2010, 8:30 am.


July 29, 2010
The arraignment of Elva Diaz was postponed until 8:30 am August 12, 2010 and a bail hearing is scheduled for Monday, August 2, 2010


July 29, 2010
Elva Diaz is scheduled to be arraigned tomorrow, July 29, 2010, in Riverside. At the arraignment she will be formally charged, will enter her plea, and finally dates will be set for the next hearing. The arraignment proceeding is open to the public.

If you want to attend and take a stand for Rachel please read the following:
1.    Park at the parking structure at the corner of 12th & Orange in Down Town Riverside. You will receive a parking receipt that Carlos will validate for you following the arraignment so that you don’t have to pay for parking.
2.    Meet with Carlos Romo (victims services advocate) at 1:00pm at the Riverside District Attorney’s Office Lobby, 3960 Orange ST, Riverside, CA 92509
http://www.rivcoda.org/locations.html


July 27, 2010
Rachel's family got "the call" they were praying for. Thanks to the hard work, skill and tenacity of Gary Cupersmith, Lead Investigator with the Riverside District Attorney's Fugitive Unit, Elva Diaz has been captured in Mexico and is now in custody and her bail is set at $5 million. Please see the Press page for more details. We will keep everyone apprised of the progress of the case on this website and on this page. We would appreciate everyone's prayers and their presence in court when the time comes to stand up for Rachel.


November 20, 2009
Steve, Jill, and Erik meet with the fugitive unit in Riverside.  Despite some discouraging news, Martin and Gary encourage the family with the assurance they will do everything they can to apprehend Elva Diaz.


June 10, 2009
Elva Diaz did not turn herself in as she was instructed to do so, and has fled. The case has now been turned over to the Riverside District Attorney's Fugitive Unit. Rachel's Uncle Lando is offering a $10,000 reward for the capture of Elva Daiz.


April 29 - May 1, 2009
Rachel's parents, grandparents, and uncle attend the 2009 National Crime Victims' Weeks Candle Light Vigil, March, and Luncheon in Riverside.


April 24, 2009
The Riverside District Attorney's office filed the following charges against Elva Diaz and issued a warrant for her arrest:
Murder (PC 187 (A)
DUI Gross Vehicular Manslaughter PC 191.5 (A)
Driving on a Suspended/Revoked CDL DUI/Drugs VC 14601.2 (A)

Elva Diaz is expected to either be picked up or will turn herself in.


Sunday, September 13, 2008
The family of Rachel is still waiting on an arraignment date. We are hoping to have some news within a few weeks.


Sunday, June 22, 2008
Rachel's Uncle Lando holds a birthday memorial gathering in honor of Rachel's 19th birthday (June 23) at the site where Rachel was killed.  Many friends and family gathered to celebrate Rachel's life.  Christopher Wilson gave out custom t-shirts with a picture of Rachel he airbrushed and then he and his brother, Curtis performed original music including the song they wrote and performed at Rachel's memorial service.


Thursday, April 24, 2008
Currently Rachel's case is being prepared at the Riverside County District Attorney's Office. We do not have an arraignment date at this time.


Rachel's father, Steve Elliott, had the pleasure of meeting Carlos Romo and Julie Cotton last week.  He attended a yearly Victim's Rights March where he was able to listen to City and State officials speak about the rights of victims of violent crimes. Rod Pacheco is a man determined to make a difference when it comes to innocent lives and the violent crimes committed on a daily basis.


District Attorney: Rod Pacheco
Victims Services Advocate: Carlos Romo
We have confidence that the legal system will provide proper justice for Rachel and her family.

 
Please check back soon for more updates on Rachel's case.