• Victim’s family shares grief at Monday’s hearing in Cody

By Daniel Rasmussen
Cody Enterprise
Via- Wyoming News Exchange

CODY — More than six years after allegedly murdering Angela Elizondo in Cheyenne, Joseph Carl Underwood received the maximum sentence for crimes committed in Park County.

During Underwood’s Monday sentencing, District Court Judge Bill Simpson sentenced Underwood to serve more than 14 years for the four charges he was facing. 

“Mr Underwood… I don’t know how what happened here could be otherwise described in any other light than horrific, terrible and tragic,” Simpson said. “It’s a monstrous act – demonic, devious, cunning, demented – and it deserves full and complete punishment.”

In addition to handing down the maximum sentence for time, Simpson also imposed the maximum fine on all counts, including $10,000 for mutilation of a dead body.

“Given the scenario and what occurred I’m going to impose the maximum fine of $10,000,” Simpson said. “Can you pay it? I don’t know, but it may be symbolic and I think it’s completely justified.”

“I can’t imagine what went through your mind as you had the body of someone you professed to love and care about, and you were now disposing of her body,” Simpson said before handing down the maximum sentences.

In addressing the many family members of Elizondo present at the sentencing hearing, Simpson urged them to cherish her memory.

“I know that the family will be forever marked with this tragedy, but I know that you have all found perhaps a strength that you didn’t know you had and that you’ve reaffirmed your love and commitment to one another,” Simpson said. “For that, perhaps there’s some light in a very dark dark situation.”

The sentencing hearing occurred in the wake of a September 5 Alford Plea submitted by Underwood’s legal team. An Alford Plea allows defendants to enter a guilty plea and work out a plea agreement, while still maintaining their innocence.

Family reacts

The family of Angela Elizondo, whose body Underwood is alleged to have disposed of in a remote area south of Cody, spoke of the emotional turmoil Underwood’s actions caused them. 

“I prayed for the day to come where I could look you face to face,” said Robert Ramirez. “One of these days you’re going to have to meet your maker, and you’re going to dance with the devil.”

Ramirez additionally expressed gratitude to the local legal system for pressing charges against Underwood after his case in Laramie County was dismissed when it was deemed Underwood was not mentally fit to stand trial.

“Park County stepped up and picked you up,” Ramirez said to Underwood, referencing the time in July 2022 when Park County Prosecuting Attorney Bryan Skoric refiled charges against Underwood after his murder case was dropped in Laramie County. 

“And I thank God that they did,” Ramirez said.

Elizondo’s aunt, Elizabeth Moore, thanked District Court Judge Bill Simpson for allowing her and her family to speak before the court. 

“I had the unfortunate, but fortunate, thing to be with Cecilia (Elizondo’s mother) when she was notified that Angela was taken by us by the person who sits at the table across from me,” Moore said.

“You thought when you killed Angela that her voice would be silenced … but the courts and the judge have allowed us to be her voice again.”

The final person to speak from Elizondo’s family during the hearing was her brother, Jeremy Smario. 

“I think about my sister and I think about what she would do, and because of that I’m going to say, ‘Yeah, I forgive you,’” Smario said. ”…Regardless of whatever sentence you get, we will always be sentenced to life. There is no getting out early for the family, we will always be stuck with one person missing.”

Defense speaks

Underwood’s lawyer, Timothy Blatt, extended his condolences to the family of Elizondo following the testimony of the victim’s family. He then discussed the multiple doctors who attested that Underwood had undergone legitimate testing, which resulted in the trial being dismissed in Laramie County.

Underwood had suffered two severe brain injuries, one following a motorcycle accident that forced him to withdraw from high school, and another following a failed suicide attempt in 2017, he said.

Despite reported claims that Underwood was faking symptoms to prevent prosecution, Blatt clarified that various doctors attested to the fact that his mental deficiencies were legitimate.

“I don’t believe that we would be here had it not been for the two traumatic brain injuries that Mr. Underwood suffered,” Blatt said.

Blatt also detailed the troubled circumstances of Underwood’s youth. Underwood never met his biological father and suffered verbal and physical abuse at the hands of his mother. His lone parent figure was his stepfather, who was an alcoholic and was also abused by Underwood’s mother, Blatt said.

Maximum sentence

County attorney Bryan Skoric argued for the maximum sentence, 14 years and 6 months, against Underwood, with 1,198 days credited as already served.

“The defendant’s criminal history alone leading up to these events is atrocious,” he said.

Skoric also clarified that the homicide in the case occurred in Cheyenne, and thus could not be prosecuted in Park County.

“To treat the body of a human being in the manner he did – to drive her nearly 400 miles in the back of his truck, to dispose of that in a remote location presumably so no one would ever find it. And when confronted to arm himself, attempt to elude officers, interfere with his eventual arrest deserves maximum sentence on all these counts,” Skoric said.

From Laramie County to Park County

Underwood faced four charges in Park County in relation to the alleged murder of Elizondo in Cheyenne, stemming from the transportation and disposal of her body near milepost 67 on the Meeteetse Highway. He initially faced a murder charge in Laramie County, however that case was dismissed in June 2022 after the court determined he was mentally unfit to stand trial.

An arrest warrant was subsequently issued for Underwood on July 5, 2022, in Park County. The charges carry a maximum penalty of 14 years and 6 months, and include mutilation of a dead body and possession of a firearm as a convicted felon.

Victim’s aunt

Underwood was first arrested by the Park County Sheriff’s Office in 2019, after he was found driving near the scene of Elizondo’s body. He led state and county law enforcement personnel on an 80 mph car chase and threatened to shoot himself before officers were able to detain him.

The four charges included mutilation of a dead body, possession of a firearm as a convicted felon, attempting to elude police, and interference with a peace officer.