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Posted on 02/05/2011 7:09:31 AM PST by mdittmar
YAKIMA, Wash. -- A Lower Valley man was smacked Friday with 83 years in prison for a drive-by shooting that injured a rival gang member in Sunnyside.
It was the longest sentence handed down in Yakima County under a 2008 state law that allows extra time behind bars for crimes found to have been committed for the benefit of a criminal street gang.
For 30-year-old Anthony Deleon, the 1,002-month sentence means he will likely die in custody.
His sentence was about 30 years higher than those imposed against his two co-defendants because he had more criminal history, including a 1997 manslaughter conviction from the shooting death of someone family members described as his best friend. He insisted the death was an accident.
Deleon’s other offenses included threatening to kill someone and illegally possessing a handgun. A stolen handgun was used in the manslaughter incident, investigators said.
"Your life has represented a continuing problem for the community, and it is getting worse and worse," Judge David Elofson said as he agreed with the sentence requested by deputy prosecutor Troy Clements.
A Yakima County Superior Court jury in October convicted Ricardo Juarez Deleon, 33, his brother Anthony Deleon, 30, and Octavio Robledo, 24, on three counts of first-degree assault in connection with a Sunnyside drive-by shooting in May 2009.
They were accused of opening fire on three gang rivals standing in their Tacoma Avenue yard waiting to go to a quinceanera. One of the victims thought they were friends, so he flashed a hand sign at the passing car, prompting one of the bandanna-wearing occupants to shout, "You’re going to get blasted," according to prosecution witnesses.
Anthony Deleon was suspected of driving during the drive-by and subsequent police chase.
Clements said one of the victims was hit by the gunfire, leaving him on the verge of death. He likely survived only because the shooting was across from Sunnyside Community Hospital, Clements said.
Anthony Deleon’s supporters said he had gained a deep faith in God since being arrested.
Deleon thanked the county jail for hosting the unit known as the "God pod," where rival gang members and other inmates must set aside their differences to participate in faith-related programs.
"Stand strong in your faith, because if God is with us, who can be against us," Deleon told his relatives.
Family members of the defendants said they are resting their hopes on expected appeals.
"If they deserve to be punished, OK, but not for the rest of their life. I’ll be dead by the time they get out," mother Gloria Deleon said.
Defense attorneys have expressed outrage at the long sentences, contending they are out of proportion to the alleged crimes. Defense attorney Lee Edmond pointed out his client would serve less time for intentionally shooting someone in the head.
"That’s insane. That makes no sense," he said.
The Deleon-Robledo case was the first Yakima County trial in which prosecutors sought a higher sentence under the 2008 legislation. Since their October trial, however, a Yakima man was sentenced to 19 years under the same statute for his role in a shooting that targeted an out-of-town visitor walking to see friends.
Earlier Friday, the co-defendant in that case, Jesse Moreno of Yakima, was sentenced to 361⁄2 years. Moreno was identified as the shooter; prosecutors said Joshua Bojorquez, 19, was the driver while the two cruised for gang rivals to attack.
The October 2009 shooting happened in the 1500 block of McKinley Avenue.
Moreno’s stepfather said Moreno learned while in jail that he was the father of a young child and seemed to have finally gotten the message to shape up his life.
But Clements pointed out that he never took responsibility for the shooting, which was just the latest entry in a continuing pattern of criminal activity.
Defense attorney Etoy Alford questioned whether Moreno’s release from jail the day before the shooting should be counted against him, because related evidence was never introduced at trial.
The higher sentence only means that the taxpayers will spend more to house Moreno, Alford said.
"... The citizenry should not be punished," he said.
Clements said Moreno was jailed over an alleged probation violation for associating with gang members following a conviction for second-degree robbery. Even if that aggravating factor wasn’t mentioned, the gang aspect of the shooting would still qualify for added time, he said.
"He’s shown that he’s undeterrable, judge," Clements told Elofson. "There’s a place for people who are undeterrable — it’s called prison."
“Cheap” labor for agri-business =Expensive trials and incarceration for taxpayers
For a moment I thought it was those pesky Amish. Then how fast a get away with a horse and buggy.
How long before the ACLU goes after this program?
Several thoughts: I am glad Deleon has found God; the attorneys can keep their rage - nobody cares what they think; and don’t count on a client getting less time for shooting someone in the head - the Judge isn’t screwing around with these guys.
I was born in Yakima.....it’s become a pit....
Another imposition on the taxpayers. Punishment should be we catapult him into shark infested waters and see if he sinks or swims.
And he has a good point but the solution is more time for the head shooters, not less time for this criminal.
If we were serious about crime anyone attempting murder would be hanged. Instead, we have to add on other charges just to keep them behind bars much less dead. All predators should be put to death.
Say WA? Evergreen State ping Another Obama voter gone!
Another interesting story in the Yak Herald:
Anti-gang bill supporters talking race now
YAKIMA, Wash. — Now the anti-gang bill supporters are addressing the racial issue.
The state Attorney General’s office said in a statement Friday that most victims of criminal street gang violence are minorities, and that House Bill 1126 is intended to help them, just like everyone else.
“We think those victims matter,” said spokesman Dan Sytman in an e-mail response to a news release from the Stop Racial Profiling Now! Coalition, a collection of 23 civil rights groups that fear portions of the bill would disproportionately affect people of color.
The suggested laws, sponsored by Rep. Charles Ross, R-Naches at the request of the Attorney General, would among other things allow police and prosecutors to seek civil protection orders, sometimes called injunctions, against identified gang members from doing otherwise legal activities like drinking, carrying guns, hanging out with other gang members and wearing certain clothing in specified neighborhoods. The orders would have to be approved by a judge.
— Ross Courtney
http://www.yakima-herald.com/blogs/checks-balances/posts/anti-gang-bill-supporters-talking-race-now
We need to have harsh punishment for violent crimes, just look at Mexico, they have failed to do so. It’s a bloodbath.
The higher sentence only means that the taxpayers will spend more to house Moreno, Alford said."... The citizenry should not be punished," he said.
Okay mr lawyer. Then how about he just gets 4 hours in 'the time out chair'. And they send him home with a puppy.
Would that be okay with you?
I agree with the sentence. This guy is a walking human time bomb and he was given numerous chances to reform. He failed all of them! Let’s not see him spend another day on the lam waiting to kill someone else in a drive-by.
He’ll be 113 when he gets out. what’s the expense of upkeep.?
I have no love for gangs and those who run with them, better to cap him, save the dough for something worthy of it.
That's why I support the death penalty.....
profound observation!
They were accused of opening fire on three gang rivals standing in their Tacoma Avenue yard waiting to go to a quinceanera.
I find it unfortunate that the Yakima Herald Republic apparently feels that the majority of their readership is Hispanic or from Latin America, and so does not need to bother translating and defining this Spanish language cultural term for their few remaining Gringo readers. I had to look it up elsewhere in order to learn what it means.
Quinceañera - Wikipedia, the free encyclopedia
Congratulations and thanks to the Judge and Prosecutors for putting this trash away; I only hope that he won't be paroled early
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