Seeing Jason Zachary Cunningham get handcuffed and taken to jail Monday was a bittersweet experience for Conchi Romero.
She is satisfied that justice is being served for her teen son, Bernardo Repreza, who was beaten and stabbed to death during a fight with Straight Edge gang members on State Street last year. But she hates to see a young life thrown away."Something in my heart made me feel uncomfortable," she said. "I feel sorry because (the killers) have thrown their lives in the trash, and I feel very much for the parents. But I lost my son. Nothing that they do will ever bring him back."
Prosecutor Paul Parker said Cunningham, 18, was originally charged in juvenile court for his role in the slaying. But as part of a plea agreement, Cunningham pleaded guilty to aggravated assault, a third-degree felony, in adult court for swinging an extendable metal baton at Repreza, 15, and chasing after him, which led to the fatal beating on Halloween.
Third District Judge Roger Livingston sentenced Cunningham Monday to a maximum zero-to-five-year term at the Utah State Prison but suspended the sentence in lieu of 60 days in jail and 150 days of home confinement.
Meanwhile, the Utah Coalition of Immigrants, which represents first- and second-generation immigrants in Utah, held a press conference before the sentencing to support the Repreza family and to ask the judge for a clarification as to whether the slaying constitutes a hate crime.
Robert Archuleta, spokesman for the coalition, said, "The judge has to determine whether this is a hate crime. We need a definition of what a hate crime is and what it is not."
The street confrontation emerged from a racial taunt from a Straight Edge gang member, said Gordon Clayton, Repreza's stepfather.
Livingston dismissed concerns that the case is not receiving adequate attention because it involves a minority victim. In addition to jail time, the judge ordered Cunningham to serve 300 hours of home confinement and have no contact with gang members during his 36 months of probation.
"I feel guilty that I was a part of that (fight) because I did chase after (Repreza)," Cunningham said during the hearing. "But I want everybody to know that I am sorry, 'cause I really am sorry, and I'm scared, I really am."
Parker said the case against Cunningham is "a different animal" than the cases against his co-defendants, Andrew D. Moench, 19; Colin C. Reesor, 18; and Sean Parley Darger, 18, who are all charged with murder, a first-degree felony. Cunningham actually tried to stop the attack after it got out of control.
According to testimony during a preliminary hearing in February, Repreza and a small group of his friends were cruising on State Street near 100 South about midnight when they ran into some 30 Straight Edge gang members standing on the sidewalk. Straight Edgers are mostly white, middle-class teens who claim to oppose the use of drugs, alcohol and pre-marital sex, among other things.
A verbal exchange between Repreza's friends and the kids on the sidewalk degenerated into a riot.
Cunningham was one of those who chased the victim across the street, Parker said. Cunningham swung the metal baton at Repreza, but there was no evidence that he struck the victim, he said.
Moench, however, delivered "terrible blows" to Repreza's head with a baseball bat, Reesor stabbed him in the abdomen with a 4-inch knife, and Darger struck him with a spring-loaded baton, Parker said.
Cunningham screamed from across the street to stop and "was instrumental in preventing further injuries from being inflicted on the victim," Parker said. But it was too late. Repreza died at the scene.
"I wish I could have done more," Cunningham said.
Before a deal was cut, Cunningham came forward with information about the incident and testified at a preliminary hearing for Moench, Reesor and Darger. He is also scheduled to testify at their separate trials, scheduled later this year.