Judge reduces conviction, sentence in shooting

By: JOHN HALL - Staff Writer | Friday, July 13, 2007 10:03 PM PDT ∞

FRENCH VALLEY ---- In an action that surprised attorneys on both sides, a Riverside County Superior Court judge Friday reduced the guilty charge ---- and thereby the sentence ---- of a man convicted last month in a gang-related shooting.

On June 8, a Southwest Justice Center jury found Jose Alfonso Urrutia, 21, guilty of one count of attempted murder and one count of attempted voluntary manslaughter for his involvement in a March 2003 shooting on Avenue 4 in Lake Elsinore.

On Friday, Judge Judith Clark reduced the attempted murder conviction to the lesser crime of attempted voluntary manslaughter.

Urrutia could have been sentenced to a minimum of 25 years in prison when he went to court Friday. But with the reduction by Clark, he was instead sentenced to 11 years, six months. He must serve at least half that time before being considered for parole.

"I was really surprised," Deputy District Attorney Dan Detienne, who prosecuted Urrutia, said of Clark's decision.

"I understand her logic, but I disagree with her decision," he said. "I've done 76 jury trials and have never had a judge reduce a jury verdict like this."

Although he said Clark decided the jury's verdict wasn't contrary to the evidence, he argued that it was.

"I said she shouldn't disturb the finding of 12 members of society," Detienne said.

Urrutia's defense attorney, Jeff Zimel, said he completely agrees with the judge's decision.

"It takes a lot of courage for a judge to do something like this," Zimel said. "She independently reviewed it and determined it was an inconsistent verdict."

Zimel said one shooting can't be both an attempted murder and an attempted voluntary manslaughter "when the victims are standing right next to each other." The defense attorney said that is precisely what the evidence showed.

"My client received the punishment that is justified for his involvement," Zimel said.

Urrutia was driving a car from which someone else fired shots at two people: Angel and Javier Salas.

"This wasn't a planned drive-by or anything like that," Zimel said. "He was only 16 at the time and never touched a gun and never shot at anybody."

Zimel said Urrutia was an honor student all through middle school and his first two years of high school.

"Then, in his junior year, he started getting involved with these guys ... and became involved in the gang life," Zimel said.

"Within six months, he's suddenly facing multiple life sentences," he added.

Previously, Urrutia faced a life sentence for his alleged involvement in the shooting death of Valentin Romero in April 2003 in the parking lot of a Good Hope market.

Urrutia and three other members of a Lake Elsinore criminal street gang were all charged with Romero's death. Their trial started earlier this year and was first heard by three separate juries.

Then, midtrial, on May 31, Clark acquitted both Urrutia and codefendant Ruben Anthony Aguirre, 25, saying there was insufficient evidence to prove the case against them beyond a reasonable doubt.

A third defendant, Mario Jose Hernandez, 25, entered into an agreement with prosecutors and pleaded guilty to voluntary manslaughter for his part in Romero's death, also admitting the crime was committed to benefit a criminal street gang. Hernandez was sentenced to time served, about four years.

A week after Urrutia was convicted in the Avenue 4 shooting, another jury found Enrique Guzman Ortega, 28, guilty of Romero's murder. Ortega is scheduled to be sentenced next month.

Contact staff writer John Hall at (951) 676-4315, Ext. 2628, or jhall@californian.com.

Previous

More Stories

12 comment(s)[-]Go to Top

Concerned-1 wrote on Jul 13, 2007 11:03 PM:Kudos to the judge for making the right decision. What kind of kook is the DA?

to: Concerned wrote on Jul 14, 2007 10:10 AM:Um, this is a DA who is concerned for the safety of the community... a DA who worked his butt off prosecuting this case... a DA who wouldve kept another GANGSTER off the street for a longer period of time... is this judge up for re-election anytime soon? ...

Gary in Winchester wrote on Jul 14, 2007 11:39 AM:He's a bible thumper from calvary murrieta

Concerned-2 wrote on Jul 14, 2007 11:55 AM:I disagree, a jury convicted this Guy. A judge should not have the right to lower the conviction. This is plain wrong! The judge should however have the authority to grant a new trial if he/she feels an injustice was done. This type of action opens the doors for all sorts of criminals to be set free.

Great wrote on Jul 14, 2007 1:31 PM:I am very happy to here that Judge Clark made the right decision. Young adults make wrong or bad choices in their lives sometimes, but definately learn from them.I only hope that she helps make the right choices and decisions for a couple of the defendents accused of being in a gang (fight club). The DA is trying to make a young man who made some bad choices in a matter of a few months (Michael Petty) go to prison for 20 years. He never hurt anyone but himself and his family, he for sure was never involved in any murder. Maybe someone like Judge Clark is finally making a stand for the rights of our youth.

Garyneedstoretire wrote on Jul 14, 2007 5:04 PM:Gary, please retire from SW! What is wrong with bible thumper's? Dan Detienne is a veteran prosecuter who works hard to get much needed convictions!

Scott wrote on Jul 14, 2007 10:58 PM:Attention all liberal, tree hugging weenies that think the judge did a good thing. Please take this criminal into YOUR home. Have him move into YOUR neighborhood, date your daughter, hang with your son, graffiti the buildings in your neighborhood. When this little excuse for a human gets back out on the street after spending time learning how to become a better, more violent criminal, I really hope his next victim is somebody who wanted him out on the streets.

pick & choose... wrote on Jul 15, 2007 11:50 AM:I see how this paper works...if it likes your comments, it will post them, if not, no way will they hit this spot...too bad, my post was quite informative...must've been too much so, or the paper just didn't want the truth to be known.

esteban wrote on Jul 16, 2007 3:21 PM:Another win for the lowly gang scum of America. When, (notice I said "when" not "if"), when this loser kills another person after he gets out, will you tree hugging wimps who believe he just made a mistake come back in here and apologize to us normal people? Hopefully he won'y kill a member of "Great's" family. That would be a shame.

ANNALICA wrote on Jul 18, 2007 2:18 AM:FRIST OFF ESTEBAN!!PPL AND ALL THE OTHER PPL WITH A PROBLEM TOWARD GANG MEMBER SHOULD LIVE IT OR SEE IT BEFORE YOU JUDGE ANYONE THATS GODS PLACE THERE HUMAN AS WELL AS WE ARE!!WE ALL DESERVE A CHANCE AN ME PERSONALY KNOWS THE PPL INVOLVED IN THIS CASE AN THEY ARE YOUNG KIDS WHO HAD MESSED UP LIFES AN CHOSE THE WRONG CROWD JUST LIKE US THEY HAVE HEART AND FEELINGS THE OTHER PPL WHO ARE THE SO CALLED VICTIMS ARE PROBALY JUST AS GUILTY!!SO THINK BEFORE YOU SAY THINGS LIKE SCUM!!!

francis wrote on Nov 18, 2007 10:07 PM:well i personally think that esteban is totally right if this kids choose the life in the street they need to pay for what they do beacuse this screwed up people are making our world worst then it already is.

friend of defendents wrote on Nov 26, 2007 12:52 PM:thank all of u for your comments everyone has there opinon! an yes annalica your right only GOD should be able to judge them jose is a great kid with a huge heart!! 11 yrs is even to long he was 15 yrs old when all this happened if only ppl could live to see what really goes on in the eyes of these young so called gangsters they will come to realize they have hearts too!!!! they are human beings with feelings just the same as the victimes in this case it could have been the other way around it could have been the victims doing the crime but in this case only one side decided to tell on the other!!!!!! soo before anyone judges at least no the real story before u put ne one down!!!!

First name only. Comments including last names, contact addresses, e-mail addresses or phone numbers will be deleted. Attempts to misrepresent your identity or impersonate any person will not be approved. All comments are screened before they appear online, so please keep them brief. Comments reflect the views of those commenting and not necessarily those of the North County Times or its staff writers. Click here to view additional comment policies.

Submit Comment[-]

(optional)
   

Advertisement

Videos