TOOELE — A judge has sentenced a 19-year-old man to four to 50 years in prison for the 2005 shooting death of another young man after an argument erupted between the two.
"Nothing about this is good," 3rd District Judge Mark Kouris said Tuesday. "This is an absolute lose-lose situation."
The judge noted the tragedy of Richard Martinez, 24, being shot to death outside Settlement Canyon Dam, losing his life at such a young age. Kouris also regretted the other loss of a young life, in a sense, for convicted killer Daniel Herrera, who now will spend many years of his life behind bars.
Herrera pleaded guilty as part of a plea bargain to three second-degree felonies. He was sentenced to two-to-20 years for manslaughter (includes extra time for using a gun during the crime), one-to-15 years for possession of a dangerous weapon by a restricted person, and one-to-15 years for obstruction of justice for hiding the weapon.
Kouris ordered the sentences to run consecutively.
Martinez's mother, Lori Martinez, called Herrera a "cruel, selfish, unfeeling criminal" who has shown no remorse and has ruined her life by murdering her son.
"Richard was a loving and wonderful and caring individual," she said, weeping. "He was truly an angel."
Prosecutor David Cundick said later he and co-prosecutor Gary Searle are pleased with Kouris' decision:
"The judge was very informed and made the appropriate sentence," Cundick said.
Herrera did not speak during the sentencing. However, his defense attorney, Ed Brass, later said: "It was a tragedy for one person to lose his life and another to lose his by being locked up."
Herrera's sister, Yolanda Herrera, later said her brother had a hard life, being raised by a grandmother because both parents were drug addicts. She also said Martinez had threatened and abused her brother since he was a child.
"I give my respects to Richard's mom, but they didn't hear the whole story," she said.
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