Isaac Gonzales takes responsibility for fueling a confrontation that turned fatal almost two years ago, resulting in the death of a Los Angeles rap singer scheduled to perform at an anti-gang concert.
But he wasn't armed and didn't shoot Angel Cortez, Gonzales, 23, said Monday at his sentencing in 3rd District Court.Gonzales was charged with first-degree felony murder in the April 1, 1995, shooting of Cortez, who died after being shot once in the stomach while waiting to perform during a gang reconciliation concert at the Centro Civico Mexicano in west Salt Lake.
He pleaded guilty to a third-degree felony charge of homicide by assault in a plea bargain and was sentenced to zero to five years in prison Monday. Judge Glenn Iwasaki added a consecutive five-year gun enhancement term.
Defense attorney Judy Jensen said that while Gonzales accepts responsibility for escalating an argument that broke out in the foyer of the Mexican cultural center, there is evidence that another person did the shooting.
The argument stemmed from another gang-related shooting two weeks before that left a friend of Gonzales paralyzed, Jensen said.
As Gonzales' group entered the hall, they saw members of an opposition gang there that they held responsible for the shooting. Talk of retaliation quickly moved to an exchange of gunfire, Jensen said.
Police interviewed more than 70 witnesses and got conflicting stories, Jensen said, and it wasn't until nearly a year later that a relative of the victim, who admitted doing some of the shooting himself, identified Gonzales as the one who shot Cortez, she said.
Gonzales was not armed that night and did not go to the hall to cause trouble, Jensen said, but admits that when the confrontation started, he contributed to it.
Prosecutor Cy Castle said the incident is another in an epidemic of gang-related shootings and retaliations, a classic case where the victim was an innocent bystander.
Gonzales says he's remorseful, Castle told the judge, but hasn't cooperated in naming the person who fired the fatal shots.
Several members of Cortez's family traveled from Los Angeles for the sentencing and his mother, Honoria Cortez, speaking through an interpreter, said, "I want justice.
"You don't know to what extent my heart is broken. I want the most just thing done for my son."
After apologizing to the Cortez family, Gonzales admitted his words and actions contributed to the tragedy. But he added that other people are also responsible for what happened that night and of the 2 dozen or more involved, he's the only one in jail.
Iwasaki said he agreed to reduction in the charge from a first-degree felony to a third-degree charge because of problems with the case. There are conflicting witness statements and the incident would be 3 years old by the time it came to trial, Iwasaki said.
He called the problems of guns, gangs and violence "a much-recurring theme in our society."
Although accepting that Gon-zal-es did not shoot Cortez, Iwasaki said he was still a contributor in the incident, sentencing him to zero to five years in prison and ordering him to pay over $22,000 in restitution.
The judge added the zero-to-five-year consecutive gun enhancement, saying Gonzales faces up to 10 years in prison for his role in the fight.