He left their Oakland hotel room covered in blood, but claimed the woman had killed herself inside. Prosecutors dropped the case

OAKLAND — In a surprising reversal, Alameda County prosecutors have dismissed a murder case against a 39-year-old man, now admitting they cannot prove the charges that kept the defendant behind bars for five months.

Juan Gonzalez-Ortega, 39, was charged last August with the murder of Delicia Elizabeth Ojeda over alleged infidelity in their romantic relationship. The case has moved past a December 2023 preliminary hearing, where a judge noted there were indications Ojeda committed suicide and not homicide, but still allowed the case to proceed.

But in January, prosecutors dismissed the case due to a “lack of evidence,” according to court documents. Gonzalez-Ortega was later released from prison. The dismissal was not previously announced.

The charges against Gonzalez-Ortega were serious, but the case had potential problems from the start. Surveillance footage showed Gonzalez-Ortega and Ojeda entering a North Oakland hotel room together on Aug. 1, 2023. Later that afternoon, Gonzalez-Ortega was seen walking out, alone, covered in blood. That came after a 911 caller reported hearing a gunshot coming from the room, authorities said.

Police responded the next day and discovered Ojeda’s body inside. The gunshot wound was under his chin, and a medical examiner told police it could have been a homicide or suicide.

At Gonzalez-Ortega’s preliminary hearing, police testified that Gonzalez-Ortega accused Ojeda of seeing him and another man at the same time and pointed to that conflict as a potential motive.

Because the two men were alone in the hotel room at the time of the shooting, there were no eyewitnesses. The only person who approached was a hotel guest, who testified to hearing loud screams coming from the room.

“It was the kind of screaming you don’t want to hear,” the man testified at the December hearing.

Gonzalez-Ortega’s attorney, who did not respond to requests for comment on the dismissal, argued during the hearing that the gun was placed “flush” to Ojeda’s chin and that there was no motive for murder.

Judge Mark McCannon agreed with prosecutors that there was enough evidence to compel Gonzalez-Ortega to answer, but the legal standard for pretrial hearings is far lower than the standard jurors are tasked with determining guilt at trial.

Additional Resource: If you or someone you know is struggling with depression or suicidal thoughts, the National Suicide Prevention Lifeline offers free, 24-hour support, information, and resources to help. Call the helpline at 988 or visit SuicidePreventionLifeline.org