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Saturday, Nov. 21, 2009

Gang members get 40-year terms for attempted murder

Two men found guilty in September of the attempted murder of a 54-year-old Livingston man were sentenced Friday in Merced County Superior Court to 40 years to life.

Deputy District Attorney David Sandhaus, who prosecuted the case, confirmed the sentencing.

Steven Magana, 25, and Timothy Coronado, 22, were sentenced in Judge John Kirihara's court to two consecutive life sentences for the March 9 attempted murder of a Livingston man. The identity of the victim has been withheld by the Sun-Star because of concerns about his safety.

"I'm very gratified that the judge sentenced the defendants to the maximum amount allowed by law, because these crimes were serious threats to public safety," said Sandhaus. "The jury realized from testimony that this was not some random act of violence but a gang crime."

"My client was very disappointed with the outcome of the case and he plans on appealing. He maintains his innocence," said Jeffrey Tenenbaum, who represented Magana.

Coronado's lawyer, Hayden Smith, couldn't be reached for comment.

Both men were found guilty of all charges Sept. 15.

The defendants pleaded for leniency, but were sentenced to 15-years-to-life for attempted premeditated murder for the benefit of a street gang and to a consecutive 25-years-to-life sentence for personal use of a firearm.

Magana was sentenced to more than 43 years; Coronado was sentenced to more than 40 years, according to the District Attorney's Office.

Sandhaus said the gang enhancements were key to the sentences.

Merced County sheriff's investigators believe the pair targeted the victim because his son had dropped out of Livas, a Norteno criminal street gang based in the Livingston area. Both men were members of the gang. A third defendant, a 16-year-old boy, is being tried in a separate trial.

The victim of the shooting testified that he and his 26-year-old son had gone on March 9 to Magana's house before the shooting. There, a fight broke out between the victim's son and the three defendants.

Later that night, the victim said Magana, Coronado and the juvenile came to his trailer. He testified to seeing the trio standing about 15 feet away, firing several shots at the trailer. Investigators said he was shot in the hip, stomach and arm. A bullet also grazed his face.

The victim admitted he purposefully withheld information from detectives, but later stepped forward after his son and a 4-year-old girl were shot two months later at a home in Livingston. Coronado, Magana and the juvenile were never charged in that incident.

Reporter Jonah Owen Lamb can be reached at (209) 385-2484 or jlamb@mercedsun-star.com.