Defendant sentenced to life without parole

The 28th Street gang member convicted of a slaying and several 1999 shootings was sentenced Thursday to life in prison without the possibility of parole.

Delbert Cobb, now 24, was found guilty Wednesday of murdering 39-year-old Juan Lopez Sr., and trying to kill the man's son, a rival gang member.

"For all the reasons the jury heard and what the jury didn't hear that's a just sentence," prosecutor David Stanton said.

Cobb was acquitted Wednesday of another slaying, the shooting of 18-year-old Jorge Contreras, which occurred about the same time period in late 1999.

Members of the Contreras family, who had attended much of the trial, were disappointed with the verdict, particularly because the jury never saw what they believed to be crucial evidence.

Before his death, Contreras had pointed out Cobb as his shooter from a photo lineup in the hospital for police. He had tubes in his throat and could not speak.

Jurors didn't get to hear that information because the court had ruled it inadmissible after a 2003 U.S. Supreme Court ruling that changed the admissibility standard for hearsay statements in criminal cases.

"My heart goes out to the Contreras family. I'm sure they feel horrible, but they shouldn't," Stanton said after the sentencing. "The judge made the right ruling.

"It shouldn't have come in."

Cobb already was serving time for two attempted murders when he was charged with the two murder counts and an additional charge of attempted murder.

He committed the crimes while patrolling the heart of what was once the 28th Street turf during the last two months of 1999.

Cobb's defense lawyer Bret Whipple, who plans to appeal, had argued Cobb is only guilty of the two attempted murders counts, to which he had already pleaded guilty.

"I was a little surprised," he said of the sentence.

He had argued for a second chance for Cobb.

"I think we all can change," he said.

Cobb took the stand Wednesday and asked the jury for a shot at parole after 40 years, the minimum sentence allowed.

"For all my prior convictions I accept responsibility," he said.

He has been incarcerated since 1999 and he said the time has improved his life and mind set.

"Prior to that (prison) all I knew was just that neighborhood," he told the jury. "Unfortunately, I'm going back but it'll all work out, so just thank you."