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Thursday, May 25, 2000
Copyright © Las Vegas Review-Journal
Shooter gets maximum term
By Carri Geer
Review-Journal
A man received the maximum sentence of 16 to 40 years Wednesday for his role in the October shooting of two teen-agers, but he still faces a potential life prison term for participating in the shooting of two other youths at Clark High School.
Maynor Villanueva, who turned 18 in December, pleaded guilty last month to attempted murder with a deadly weapon in connection with an Oct. 2 shooting in the 1000 block of Magnolia Avenue, near Washington Avenue and Rancho Drive.
On Wednesday, Chief Deputy District Attorney Edward Kane urged District Judge John McGroarty to impose the maximum penalty for that crime "to send a message that the community's not going to tolerate this kind of behavior: gang shootings by juveniles."
A 14-year-old and a 16-year-old were injured in the attack but survived. Authorities suspected the shooting was motivated by gang affiliations.
Villanueva has also admitted his involvement in an Oct. 11 shooting that wounded two people on the grounds of Clark High School. He told police he shot at rival gang members after they flashed gang signs.
Prosecutors will not oppose a concurrent sentence when District Judge Joseph Bonaventure decides Villanueva's punishment in that case June 7.
Although Villanueva also pleaded guilty to attempted murder with a deadly weapon in connection with the second shooting, he faces a harsher possible sentence because the incident occurred on school property.
"The school enhancement exposes him to a potential life sentence, and that's exactly what we're going to be asking the court to do," Kane said.
Although Bonaventure could impose a life term without the possibility of parole, Kane said that choice is unlikely because of the defendant's young age and because neither of the victims died.
A life sentence with the possibility of parole would increase the minimum time Villanueva must spend behind bars from 16 years to 20 years.
At Wednesday's sentencing hearing, defense attorney Jennifer Bolton asked McGroarty to impose a sentence of eight to 20 years -- half the penalty the judge ultimately chose -- because of the defendant's minimal prior record.
Villanueva was convicted in July of unlawfully taking a vehicle, a gross misdemeanor, and was on probation for that crime when the shootings occurred.
His probation was later revoked, resulting in a nine-month sentence.
Tony Tejada, a 15-year-old boy who played a role in both October shootings, faces a prison sentence of four to 30 years when he comes before McGroarty on June 22.
Tejada pleaded guilty earlier this month to two counts of battery with a deadly weapon in promotion of a criminal gang. He entered the type of plea in which a defendant admits only that prosecutors have sufficient evidence to gain a conviction.
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