On November 6, 2006, the press reported the arrest of a 19-year-old construction worker, Diego Pillco, an Ecuadorian illegal immigrant who according to police had confessed on tape to attacking Shelly, and then staging the fake suicide by hanging her. Pillco's original version of what happened was that when Shelly asked if the noise could be kept down, he threw a hammer at her and, afraid she would make a complaint that might result in his deportation, followed her back to her apartment, where the petite 40-year-old hit him, and was killed by a fall during a struggle. Subsequently, Pillco gave a completely different account in which he said while on a break he had noticed Shelly returning to her apartment and followed her. After assaulting her and rendering her unconscious, he killed her by staging the fake suicide. The second version was consistent with the lack of dust on Shelly's shoes (which she was not wearing when found) and seemed to be a confession to murder, but prosecutors reportedly thought if charged with murder Pillco might return to his original account and a jury trial could find him guilty of a lesser charge. The medical examiner determined that Shelly was still alive when hanged. Pillco pleaded guilty to first-degree manslaughter and was sentenced to 25 years in prison without parole.