Gaby Vidana Pereya
A trans woman is sentenced to 15 years in prison for first degree murder
DAVID TAFFET | Senior Staff Writer
taffet@dallasvoice.com
Gaby Vidana Pereya on Wednesday, Oct. 19, agreed in court to a plea deal of 15 years in state prison for the 2021 murder of Victor Suarez. She had claimed self-defense but as part of her deal admits to committing first degree murder.
Vidana Pereyra, a trans woman who speaks limited English, told her story to Stacey Monroe, who related that story to Dallas Voice:
“Gaby got back from the Miss Universe contest in Florida late at night and was going to her apartment. Her neighbor solicits her — sex for money.”
From left: Translator, defendant Gay Vidana Pereyra, attorney Erin Hendricks and Judge Brandon Birmingham. (Photo courtesy Stacey Monroe)
Vidana Pereyra said she resisted his advances, but Suarez persisted until she finally agreed to get into his car.
It’s not clear whether Suarez knew Vidana Pereyra is transgender before she got into his car, but she got in the car and they “did whatever they did,” Monroe said she was told. At that point, Suarez said to her, “Ahora te voy enseñar ser hombrecito” — translation:
“Today I’m going to teach you how to be a little man” — and he pulled out a gun.
Vidana Pereyra claimed Suarez tried to shoot her, but the safety on the gun was engaged.
Afraid she was about to be the next victim of anti-trans violence, Vidana Pereyra claims she reached for the gun and shot him in the chest.
Police, however, found no shell casings in the car indicating no shots were fired until both were out of the car. Also, there was no blood in the car.
When Suarez exited the driver’s seat, he came toward her side of the car. Vidana Pereyra said she got out of the car, pointed the gun at him and pulled the trigger.
That was caught on video by a camera on the property. If there was a struggle for the gun in the car, that wasn’t seen on the video.
While Vidana Pereyra said the gun belonged to Suarez, statements during the hearing on Wednesday noted that it’s not clear whose gun it actually was, because the weapon was unregistered.
After the shooting, Vidana Pereyra said she returned to her apartment.
“She had no intention of fleeing,” Monroe said Vidana Pereyra told her. “The following day, she contacted the police and turned herself in.” The defendant claimed she called 911 and that evidence of that is on her phone, which police confiscated.
Someone involved in the investigation called that “misinformation.” There was no 911 call.
“We had to send the SWAT team in,” he said.
More evidence that this was actually murder rather than self-defense is said to be included in the prosecution report. Dallas Voice has filed an open records request for that report.
But one other quirk of Texas state law would prevent the defendant from pleading self-defense: Vidana Pereyra admitted she got into Suarez’s car for pay. Under Texas law, that’s prostitution, which is a second degree misdemeanor and considered criminal activity.
Under Texas law, a person can’t claim self-defense while involved in criminal activity.
Vidana Pereyra’s attorney, Erin Hendricks, said the plea bargain agreement was the best that could be reached under the circumstances.
She said she couldn’t speak to what police or the district attorneys on the case believed.
“Gaby and I negotiated with the prosecutors to reach a 15-year sentence,” Hendricks said, “and the judge did follow the conditions of our agreement with the state and sentenced Gaby accordingly.”
“That said,” she continued, “a portion of video footage was released to the media some time ago; I did meet last week with Ms. Monroe, at my client’s direction with her consent, to review that same video footage that captures several moments and images of Gaby and the decedent.”
And, Hendricks said, she was satisfied that the “guilty plea was informed, knowing and voluntary based on [Vidana Pereyra’s] recall of the incident, review of the discovery and understanding of the way the law applied in her case.”
In a plea deal hearing in Texas, little information is revealed to those who come to court to observe. Once the plea deal is agreed upon, the prosecution says that all evidence including photos, video and physical evidence has been presented to the judge, who acknowledges receipt of that evidence.
For the hearing, Vidana Pereyra wore headphones, and a translator stood beside her providing instant translation.
First, Judge Brandon Birmingham, who presided, explained she was charged with a first-degree felony, which carries a sentence of five years to life in prison with an optional $10,000 fine.
The judge took extra time and care to make sure the defendant understood the charge and penalties and was no longer claiming self-defense. Along with pleading guilty to first degree murder, he explained Vidana Pereyra was agreeing to forgo a list of rights and made sure she understood that, as well.
By entering into a plea agreement, the judge explained, Vidana Pereyra was giving up the right to a jury trial, the right to testify on her own behalf and the right to present evidence and cross examine any witnesses.
But chief among the rights forfeited is the right to appeal. Birmingham explained to Vidana Pereyra that she is giving up the right to say she didn’t do it or that the murder was self-defense.
Finally, Birmingham explained to her that the felony conviction on her record could affect her immigration status once she was released, either on parole or after serving her sentence.
Then, the judge asked, “Are you entering the plea freely and voluntarily?”
She nodded.
The state entered its evidence and both sides rested.
Birmingham gave Vidana Pereyra a minute to say goodbye to her mom before being escorted from the courtroom.
