Six years after Jorge Tovar Fernandez gunned down the mother of his child, the now 12-year-old girl and others spoke out in Santa Maria Superior Court at the killer’s sentencing hearing Friday morning.

The Lompoc man, now 32, fatally wounded Elyse Marie Erwin, 28, on April 16, 2017. 

Erwin’s body was found Easter morning in an Orcutt apartment complex parking lot on Goodwin Road. She died due to a single gunshot wound to the back of her head, according to an autopsy report.

Detectives from the Santa Barbara County Sheriff’s Office arrested Tovar Fernandez days after the murder.

In December, he changed his plea to guilty of first-degree murder, avoiding a trial.

At the time of the murder, they were the parents of a then-6-year-old girl and were involved in a contentious custody battle.

“The man who killed my mom should be put behind bars forever,” their daughter Leila said Friday morning during one of several victim impact statements made in the standing-room-only courtroom.

“It’s been hard not having my mom,” Leila said, adding she no longer looked up to or loved the man who is her biological father.

At one point, he turned to look as his daughter spoke, leading the judge to remind him to face forward.

In court, Elyse Erwin’s family members referred to her killer as evil-minded and a monster who committed a selfish, hateful act. 

As a video played in the courtroom with pictures of Erwin through her life, the defendant looked to the right, left or down to avoid the images on the big screen in front of him.

The video included images of Elyse Erwin as a toddler and young child with Easter baskets, poignant since her murder occurred on what one relative called a special day. 

Others showed Elyse Erwin with her daughter — “her pride and joy.”

In addition to the comments delivered in court, a number of written victim impact statements were submitted before the sentencing hearing.

Erwin’s siblings, parents, cousin, godfather and aunt remember Elyse and their loss.

“Losing her has taken a chunk of my heart,” said sister Brittany Erwin, who was 11 months younger than Elyse Erwin. 

She added that her sister found humor in everything. 

“It was hard not to laugh with her,” she said.

The defendant’s actions meant her sister never got to see her become a nurse, Brittney Erwin said.

“Elyse didn’t get a chance to do a lot of things,” she added.

Family members also expressed anger that the family court system failed a fearful Elyse Erwin when she sought help after the defendant harassed her via phone calls and emails, sometimes staking out her residence with their daughter in tow. 

Defense attorney Jeremy Lessem said there’s no question his client committed “an unspeakable, horrible act,” adding Tovar Fernandez accepted responsibility by pleading guilty and avoiding a trial as one small step toward changing. 

Judge Patricia Kelly acknowledged the family’s pain.

“It is not without emotion the court recognizes the impact of her loss,” Kelly said.

Calling it an appropriate disposition for the case, Kelly sentenced the defendant to 25 years to life in state prison, giving him credit for 2,145 days, or nearly six years, he has already served.

Two other criminal cases Tovar Fernandez picked up while he has been in jail were dismissed including a misdemeanor battery in 2021 and a second case from May 2022 where he and two other men were charged with felony assault by means of force likely to produce great bodily injury. 

Deputy District Attorney Heather Trapnell noted the defendant laughed during the hearing when he changed his plea and said she hoped Tovar Fernandez now would take the situation seriously. 

From his arrest and mugshot displaying a smile to years of courtroom appearances where he continued to sport smiles, the defendant’s demeanor has been unusual.

Before bailiffs led him away, Tovar Fernandez said he was told he could make a brief statement. 

“I don’t think that’s appropriate at this time,” Kelly said. 

Tovar Fernandez will be transferred into the custody of the California Department of Corrections and Rehabiltation and transported to an Inmate Reception Center.