In the United States, hearsay is normally not allowed in court: you can’t testify about information about someone given to you by someone else. One exception to this rule is known as a “dying declaration”, a statement given by a person who believes they are about to die. It’s a very rare occurrence and most investigators spend their whole career without experiencing it.
But such a case happened in the early hours of February 12, 2018, when a group of delivery men found a young woman covered in blood, in the middle of a rural road in Livermore, California. Her name was Lizette Cuesta, she was 19 years old and had been stabbed multiple times before being pushed from a running car. Somehow, the teenager found the strength to drag herself the length of a football field to reach the road where she could catch a motorist.
Unfortunately, Lizette died two hours after being found. But in her last moments, she was able to tell paramedics and then police the names of the people who had killed her: Daniel Gross (19) and Melissa Leonardo (25).
The killers, an engaged couple from Modesto, worked with Lizette in a Carl’s Jr. They were quickly arrested and charged with murder. Gross gave an interview to a TV network in which he said that the night before Lizette’s death, the trio had been smoking marijuana and driving around, and that he and Lizette had sex in the back of the car while Melissa drove. He claimed that he had a relationship with both women, and they were aware and didn’t mind. He added that later they were talking and Lizette had suddenly elbowed him in the ribs, which had made him “snap” and start stabbing her with a knife he himself had given to Lizette for protection. He also said that Melissa hadn’t been involved in the stabbing, but even if that’s true, she still participated in dumping the dying girl in the road.
Whether Gross’ confession is accurate or not, it’s too early to say since the investigation is under way and no pleas had been entered yet.