Sentencing for convicted killer of Cathedral Catholic teacher delayed for sixth time

Jesse Alvarez was convicted of first-degree murder in March 2024 and was set to be sentenced in May, but nine months later, there’s still no sentence.

Both prosecution and Alvarez’s defense attorney said they’ve lost count of how many times this sentencing has been delayed.

“This particular sentencing is being trailed day to day until Mr. Alvarez can be produced in court,” criminal defense attorney, Peter Blair, said. “So, that is a little less common.”

Blair said he can’t comment about if he thinks his client is trying to stall his sentencing.

He also said there have been multiple health related delays including Alvarez testing positive for COVID.

Judge Goldstein said Tuesday’s delay happened because Alvarez injured himself. He was in court and waist chained to a wheelchair — it’s not confirmed why he was in a wheelchair — but when he saw the deputies, judge Goldstein said he flipped his chair, hit his face on the ground and was taken to UCSD for treatment.

“Now, I haven't given up,” Goldstein said before continuing the sentencing once again until Wednesday.

Alvarez’s trial was an emotional one for the people that the murder victim, Mario Fierro, left behind.

Amy Gambara, Alvarez' ex-girlfriend and Fierro's fiancé, testified in the case.

“I broke up with him,” Gembara said on the stand. “Because I knew it was not a safe or healthy relationship and I didn’t want to be in it anymore.”

Alvarez drove to Fierro’s home early that Feb. 2021 morning and shot him six times.

His defense argued Fierro attacked Alvarez first and he shot his gun in self-defense. Prosecutors said giving this reason was insulting and that Alvarez murdered Fierro in a fit of jealousy and obsession.

Prosecutor Ramona McCarthy called on Google searches Alvarez made about hiring hitmen, how to quote “kill your ex's fiancé,” and “how to delete google search history.”

Cathedral Catholic teacher-slaying suspect searched ‘How to kill your ex's fiance': San Diego DA

“You know, of course in retrospect, I, and even at that time, was feeling bad about it like, ‘oh my gosh, this is some really weird searches, like this looks terrible,” Alvarez said. “I should probably delete these.’”

Even though he was convicted last March, as this process drags out further and further, his attorney apologizes to the loved ones that keep showing up to each hearing with no result.

“I know it's very stressful,” Blair said. “I can't even imagine what it's like for the family. And, on behalf of Mr. Alvarez, we apologize for the delay. I know it's very important to have some finality, and that's what we're shooting for.”

Alvarez’s attorneys filed a motion for a new trial a couple months ago- which would push his sentence back even further.

They’re making an argument that sentencing Alvarez to life without parole would be unconstitutional because he has autism.