Prosecutors in the case have alleged that Javier Balfore Deleon, 20, got drunk with Kavita, had sex with her and then, when she became loud and argumentative, choked her to shut her up, then fell asleep. When he woke up he saw Kavita still on the floor and at first he thought that she was sleeping, but then realized she was dead. Court documents say that Deleon kept Kavita's body in the apartment until it got dark outside then carried it to a car, drove to a drainage area and dumped her down a storm drain.

Court papers describe this series of events leading to Kavita's death. Kavita and an older girlfriend, 16, who also is an acquaintance of Deleon's went to the apartment where he was staying. They drank wine and beer for several hours in his bedroom. At one point, the girlfriend left the room. When she returned she saw Deleon, fully clothed, kissing Kavita, who said, "Get him off me." The older girl tired to help Kavita, telling Deleon to leave her alone. Deleon ordered the older girl to leave the room and eventually forced her outside. Kavita remained seated on the bed. The older girl yelled at Kavita to leave the room too. Confused by Kavita's reluctance to leave, she suspected she wanted to stay with Deleon. After waiting outside for 30 minutes, she said she heard Kavita yelling and went back into the room where they were arguing about whether she liked him.

A half-hour later the older girl told Deleon she needed to go home. He agreed to give her a ride but insisted that Kavita wanted to stay with him. She left without her.

The investigation into Kavita's disappearance led police back to Deleon, the last person she'd been seen with. Police contacted him and learned he was wanted by the Immigration and Naturalization Service as an illegal immigrant. He was detained by INS and shortly thereafter interrogated about Kavita. He took detectives to the storm drain, where her body was found. He is being held on $500,000 bail and if convicted faces at least 10 years in prison.

You are listening to:

Hands
by Jewel

If I could tell the world just one thing
It would be that we're all OK
And not to worry 'cause worry is wasteful
And useless in times like these

I won't be made useless
I won't be idle with despair
I will gather myself around my faith
For light does the darkness most fear

My hands are small, I know
But they're not yours, they are my own
But they're not yours, they are my own
And I am never broken

Poverty stole your golden shoes
But it didn't steal your laughter
And heartache came to visit me
But I knew it wasn’t ever after

We'll fight, not out of spite
For someone must stand up for what's right
'Cause where there’s a man who has no voice
There ours shall go singing

My hands are small I know
But they're not yours, they are my own
But they're not yours, they are my own
And I am never broken

In the end only kindness matters
In the end only kindness matters
I will get down on my knees, and I will pray
I will get down on my knees, and I will pray
I will get down on my knees, and I will pray

My hands are small I know
But they're not yours, they are my own
But they're not yours, they are my own
And I am never broken

My hands are small I know
But they're not yours, they are my own
But they're not yours, they are my own
And I am never broken
We are never broken

We are God's eyes
God's hands
God's mind
We are God's eyes
God's hands
God's heart
We are God's eyes
God's hands
God's eyes
We are God's hands
We are God's hands