DA won't seek death penalty for Dallas motel beheading suspect

DALLAS - The state will not seek the death penalty against the man charged with beheading his co-worker at a Dallas motel.

No Death Penalty

What's new:

Yordanis Cabos-Martinez made his first court appearance at the Frank Crowley Courthouse on Thursday morning.

The Cuban native allegedly got into an argument with his co-worker, Chandra "Bob" Nagamalliah, on Sept. 10. Police said Cabos-Martinez then beheaded Nagamallaiah as Nagamallaiah’s family looked on in horror.

His hands were shackled at his waist, and he wore a tan jail jumpsuit as deputies brought him into Judge Lela May’s courtroom.

What they're saying:

Prosecutor Julie Johnson told the court the Dallas County District Attorney’s Office does not intend to try this as a death penalty case.

"Based on our investigation and my conversations, the state of Texas is not seeking the death penalty. But we reserve the right to change our mind should anything come up," she said.

That's not surprising, especially in a case where the person on trial is not a U.S. citizen.

The other side:

Court-appointed defense attorney Lalon "Clipper" Peale told the judge he needs to know for certain whether his client will face the ultimate punishment.

Peale said moving forward as if this is a death penalty case means securing experts and an extensive investigation that includes traveling to Cuba where Cobos-Martinez grew up, as well as other places like California where he lived before moving to Texas.

The defense would talk to Cobos-Martinez's family and dig into his background to see if there is anything that could be mitigating factors in his favor when the case goes to trial. It's also possible that a psychiatric exam would be considered.

"Obviously, he’s not from the United States. Mitigation is going to need to be done. That mitigation will entail having to make trips either by council or mitigation experts to Cuba and some other destinations as well. So there’s going to be some extensive mitigation that needs to be done in this case," Peale said.

All of this would be at the Dallas County taxpayers' expense.

What's next:

Johnson told the judge she would have a final answer about the death penalty by Jan. 8.

There is also a December date for both sides to check in with the judge.

The trial date has not yet been set.

Dallas Motel Beheading

The backstory:

The gruesome crime happened on the morning of Sept. 10 at the Downtown Suites motel, located just off Interstate 30 near the Tenison Golf Course.

An arrest affidavit revealed 37-year-old Cobos-Martinez was cleaning a room in the motel with a co-worker when their boss approached. Nagamallaiah told his employees not to use a washing machine that was broken. 

Cobos-Martinez allegedly got mad that Nagamallaiah was speaking to his co-worker to translate communication rather than speaking directly to him.

He allegedly left the room to get a machete and then started hacking at Nagamallaiah.

Nagamallaiah ran down the parking lot towards the front office, screaming as Cobos-Martinez chased him, according to the affidavit.

During the attack, the victim's wife and son walked out of the front office and tried to help him. They were pushed away.

During the attack, police said Cobos-Martinez went through the victim's pockets, taking his cell phone and lanyard with a key card. He then cut the victim until his head was removed from his body.

According to the affidavit, the suspect then kicked Nagamallaiah's head twice into the parking lot and then picked it up, and carried it to the dumpster, where he left it.

As he was leaving the dumpster area, covered in blood and still carrying the machete, Dallas Fire-Rescue followed him down the road until officers could help. He was then taken into custody.

Cobos-Martinez remains in the Dallas County jail charged with capital murder.

Immigration Hold

Dig deeper:

Cobos-Martinez is on an immigration hold, as he is a Cuban national.

He does have a violent criminal history with a conviction in California, and arrests in Florida, and Houston.

Earlier this year, ICE confirmed to Fox News that Cobos-Martinez was released from ICE custody on January 13, despite his removal order, due to quote "no significant likelihood for removal in the foreseeable future".

Public records show at the time of the murder, Cobos-Martinez had an active warrant for a probation violation out of California.

Back in 2017, Cobos-Martinez carjacked a woman in south Lake Tahoe while he was naked. A jury convicted him in 2023 and sentenced him to a year and a half in prison.