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.
Posted in Local on Saturday, July 14, 2007 12:00 am Updated: 5:57 am.
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