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American Canyon man sentenced in Sonoma murder
Friday, September 25, 2009
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An American Canyon man was sentenced Monday to 40 years to life for his involvement in a 2007 gang-related shooting in Sonoma.

In June, a jury convicted Juan Carlos Perez, 26, of second-degree murder following the killing of 17-year-old Luis Roberto Miranda.
Perez was one of three charged in the death at Maxwell Farms Regional Park, which lies off of Highway 12 east of Sonoma.

Juan Calderon, 19, who investigators say was the shooter, is expected to go to trial some time next year.
Javier Ceja, 21, of Sonoma, was sentenced last week to a year in jail after he pleaded guilty to being an accessory to the crime after the fact.

Ceja has served his time, but is in jail pending an immigration hold seeking to have him removed from the country, Sonoma County Deputy District Attorney Bob Waner said.
The three young men are members of the Sureño gang, which is a rival to the Norteño gang.

They were eating food Oct. 22, 2007 at the park when an argument broke out between them and a group of Norteño gang members, Waner said.

The fight angered Perez, who went to a nearby residence with Ceja and Calderon.

They retrieved a short-barreled, 16-gage, semi-automatic shotgun and drove back to a secluded area near the park.

Perez and Calderon got out of the vehicle and discussed their plan, Waner said. Perez gave Calderon instructions on how to operate the gun and told the younger man to make sure to hit someone, Waner said.

Calderon approached the group and shot three times, hitting Miranda in the face at least twice, Waner said, based on what a forensic pathologist found.

Miranda was pronounced dead at the scene.

“Our theory really is Mr. Perez was the shot-caller,” Waner said. “He was exerting his authority and dominance in the gang over a younger, more susceptible Mr. Calderon.”

Perez’s Sonoma-based attorney, Walter Rubenstein, said the fight was over an issue between Calderon and Miranda. While Perez may have been involved in helping him get to the area, he didn’t actually pull the trigger, he said.

Rubenstein told jurors that “this was an attempt to scare the other side and that Mr. Calderon did not have an intent to actually kill anyone,” he said.

Rubenstein said the case should have been charged as voluntary manslaughter.

The sentence breaks down to 15 years for second-degree murder, and an additional 25 years for the use of the gun and for the shooting’s gang ties.

Perez won’t be eligible for parole until after he serves 40 years in prison.

Warner was satisfied with the outcome of the case.

“I think the jury did its job, and the judge did his job and, ultimately, justice was done,” he said.

Rubenstein noted that Perez, who has a wife and a child, wrote a letter to the court apologizing for his role.

“He felt very bad for the family of the victim, and he felt very bad for his own family,” he said.
2 comment(s)

raybo wrote on Sep 25, 2009 10:33 AM:

" Two shots to the face and "Calderon did not have an intent to actually kill anyone"? Really? And what sense does it make to give the guy 15 years for the murder, but 25 years for using a gun and belonging to a gang? That makes it look like gang membership and the use of a gun are worse offenses than murder. "

jack27022003 wrote on Sep 25, 2009 11:39 AM:

" Bring back the chain gang for all the gangsters. Make them do something to earn their state paid vacations. There's lots of road construction going on, so there's lots of of gravel that needs to be made. "

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