Gang murder defendants accept plea bargains

Two teenagers accepted plea bargains this week in connection with the slaying of a rival gang members last year in a Los Banos park.

Fabian Cruz Roman, 17, pleaded no contest to second-degree murder with an enhancement of personal use of a firearm. The murder charge carries a sentence of 15 years to life in prison and the enhancement has a penalty of an additional 10 years, totaling 25 years to life in prison. Diego Leal, 18, pleaded no contest to an aiding and abetting charge. He will serve 4 years in prison as a result of his plea deal.

The pair had been charged with murder, attempted murder and participation in a criminal street gang in connection to the Dec. 7 shooting death of Raymond Sevilla, 17, of Dos Palos. Leal was 17 when the incident occurred and Roman was 16. Both defendants were charged as adults.

According to court testimony at a preliminary hearing, Roman, whom authorities have said is a member of a Sureño criminal street gang, and Leal arrived at Dos Amigos Park in the 2200 block of San Luis Street with friends. They encountered Sevilla, a member of the Norteños criminal street gang, and others sitting at a picnic bench. Sevilla was shot in the the back and killed while running away.

Roman admitted to being the shooter while in court Wednesday.

Roman and Leal will be formally sentenced Jan. 8 at the Robert M. Falasco Justice Center in Los Banos.

Deputy District Attorney Travis Colby said he believes the plea agreements allow justice to be served.

“Given the fact that the defendants were juveniles at the time they committed the offense I think that this was definitely a positive outcome. We hope that this brings closure to the family and allows them to move forward with their lives through a terrible tragedy,” Colby said.

William Davis, Roman’s defense attorney, said he’s discussed the possibility of parole with his client.

“Because of his age, it is possible that he could get an earlier parole date than 25 years, but it is unclear what that date will be. It will likely be at least 15 or 20 (years),” Davis said. “Even then he is not entitled to a parole date, he’s entitled to apply for release.”

Davis said he will prepare a statement for Roman that will be read at the sentencing. The statement will include a social history of Roman’s life, Davis said. The Merced County Probation Department will also be preparing a report on Roman for the sentencing hearing.

Jeffrey Tenenbaum, Leal’s attorney, said his client received a fair outcome. He said Leal will serve four years in state prison , but there is always a chance for early release for good behavior.

Colby said although the sentences have be pre-determined by the plea bargain, the sentencing hearing is important because it gives Sevilla’s family a chance to speak about how his death has effected them.

This story was originally published October 8, 2015 at 11:20 AM with the headline "Gang murder defendants accept plea bargains."