Teen Member of Eastside Buena Park Gang Gets Life in Prison Term

Buena Park CA 9.jpg
[UPDATED at end of story] California's uncompromising anti-gang laws reached inside an Orange County courtroom this morning, gave a Buena Park teenager severe punishment and left the defendant's family, who firmly believe the kid's innocent, terribly distraught.

Superior Court Judge William R. Froeberg sentenced Jesus Arturo Aguirre to a life prison term after a jury found him guilty in March of participating in a 2010 attempted shotgun murder of a rival gangster, Ramon Magana with the Anaheim Barrio Pobre gang.

Though Aguirre was just 16 years old at the time of the shooting, Brett Brian--an accomplished veteran prosecutor--charged him as an adult and, now at the age of 18, Aguirre will take his one way bus trip to one of the state's notorious hellhole prisons.

Aguirre's family, including his mother and father, Jesus Aguirre and Silvia Giron, gathered in Froeberg's Santa Ana courtroom hoping for a miracle. Aguirre and Giron had appealed to the news media to help stop what they see as a travesty of justice. They have a long list of complaints about what they see as holes in the government's case. But, given the guilty verdicts and the gang enhancements, the judge had no leeway.

"It doesn't give me any great pleasure to impose this sentence on this young man," a solemn Froeberg said to the parents. "But gang violence in this county astounds me. It's not your fault. It's your son's fault. Gang activity is a no-win activity. Society won't tolerate it and I won't tolerate it."

After Froeberg advised Aguirre of his right to appeal the conviction within 60 days, bailiffs escorted the convicted felon away to life of daily misery.

In the hallway outside of the courtroom, a weeping Giron repeated yelled, "¿Por que?" She doesn't believe her son is a member of a criminal street gang and played no role in the shooting incident. In fact, she maintains that her son wasn't even present at the time someone fired two shotgun blasts.

"He's being accused of a crime he did not commit," the defendant's parents said in a lengthy, passionate written statement prior to the hearing. "He is being charged with things that are not true . . . There is no evidence pointing to him--DNA, fingerprints or gunshot residue . . . The Buena Park police and District Attorney know who committed this crime and nonetheless still blame my son."

Jesus Arturo Aguirre Buena Park CA.jpg
Jesus Aguirre's life in freedom ended at 16 years old.
The parents, who note that the shotgun blasts contained birdshot, have called their son "very noble," said "he has a good heart" and rejected Brian's generous pre-trial guilty plea offer.

It's true that the police case against Aguirre was weak at one point. Prosecutors first rejected filing attempted murder charges. Witnesses, who originally claimed he'd been involved, later changed their stories, a move police attributed to a fear of retaliation.

Law enforcement files show that Aguirre is a "self-admitted," active member of the Eastside Buena Park criminal street gang, has at least three gang tattoos, liked to wear gang clothes and, at the age of 14, was caught tagging. A year before the shotgun incident, Anaheim police found him with other gang members in a stolen vehicle, according to records. It also didn't help his cause that he refused to discuss the shooting incident with authorities even after his conviction.

Ironically, Aguirre--who dreamed of studying business in college before becoming a car designer--would be free today except that Buena Park detective James Woo sent one of the defendant's friends into his jail cell and surreptitiously recorded their conversation for four hours. According to police, he acknowledged on the recording he was the person who handed the shooter the loaded 12-gauge shotgun prior to the shooting. (The blasts did not inflict serious wounds to Magana.) That jail tape proved to be Exhibit A in this defendant's demise.

Under an aiding and abetting statute, a person is guilty of attempted murder in California if he participates in planning or executing the crime; not just the person who pulls the trigger. In this case, legal particulars aren't satisfying to the Aguirre's family, especially because the actual shooter has never been charged.

Fullerton-based defense attorney Randall T. Longwith called his client "basically a good kid." According to Longwith, an appeal will be filed in coming days. "It's a sad situation," he said. "This happened when he was 16."

Jesus Arturo Aguirre mug.jpg
Another kid heading to prison...
"He's a kid," said Aguirre's cousin outside of Froeberg's courtroom. "He doesn't deserve life [in prison]. He's no criminal."

The legal battle now turns to the California Court of Appeal based in Santa Ana.

UPDATE: The state department of corrections didn't give Aguirre any housing break. They've locked him inside one of the toughest penitentiaries in the nation: Pelican Bay State Prison.

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188 comments
MI-NATIVE
MI-NATIVE

Seems a bit harsh. Obviously they threw the book at him because he wouldn't give up the shooter. 

Tonita Morales
Tonita Morales

This was a harsh sentence...Jesus didn't n does not deserve life in prison for a crime he did not commit..he mite have handed the guy the gun but he didn't kill him..free Jesus Aguirre!!! <3

Magdat55
Magdat55

Poor kid... I know how he feels, I'm 16 and they're trying to do the same exact thing to me. I don't drink, do drugs, am not a gang member, and never committed a crime in my life. They think I raped a little girl, but my family and our close friends are on my side. I love them all, I feel blessed to have people who wouldn't judge me so fast. Including the woman who Im saving money to buy a ring for at my first chance. But it's not over yet for me, I'm home now on a GPS bond

MissLGparker
MissLGparker

People are always so quick to judge a book by its cover. NO ONE DIED NO ONE PRESSED CHARGES THEREFORE HE DID NOT DESERVE THIS!!

MissLGparker
MissLGparker

He is not a criminal he was a young teen who made a mistake. Life is for murders & rapist not for a innocent young man who made qa istake as a kid!!

ageofknowledge
ageofknowledge

"Mijo" "Mijo"... the whole prison system is filled up with guilty "Mijos." Until the Hispanic community stops enabling "Mijo" to be a criminal and starts raising them up to be an asset to society, this idiocy of violence and crime will continue.

andrea aguirre
andrea aguirre

HE IS NOT A MURDERER !FIRST OF ALL THE VICTIM IS ALIVE, AND HE DID NOT FIRE THE WEAPON!

JL
JL

Im not sure what is funnier.....the fact that there are a bunch of idiots commenting here defending this gang member, he made his bed and now he has to lie in it. You know, the punishment for things like this used to be death. You would get hung in the middle of town for all to see. You morons should consider your self lucky that your "homeboy" didnt get strung up like he should have. Go light your candles, pray and see if you can get the ACLU or the NAACP to back you up......It worked for the Martin family in Florida.

Or.....is it funnier that people that are clearly intellectually superior to all of the "gems" defening this guy are trying to speak in a logical and rational manner to people that do not possess the intellectual capabilty to understand not only your comments but a murder trial. These people that are defending this confessed gang member are clearly emotionally charged without a solid educational background and have no foundation upon which to stand when they attempt to make their arguement.

Now of course, I am opening up myself to be insulted by these people because I do not agree with them and I can see the facts of the situation but the truth is, in order to put an end to gang violence in our communiteis we have to make examples out of people. Unfortunately for us, the examples we make out of these so called gangsters will only perpetuate their stupidity and violence due to the fact that the majority of them are not capable of following through on a thought process that would lead them to an end result.

A solution??? hmmmmm....that is an interesting point to consider. Allow me to offer this. You mess with the bull you get the horns. In other words, you commit a crime you pay a severe price. You wanna play the game, you gotta play by the rules.In this situation the rules say that this guy gets to spend the rest of his life in Prison, whether its right or wrong is not for any of us to decide. Thats the rules and this guy knew the rules and the possible consequences when he chose to participate in the lifestyle that brought him to where he is today.

In the words of Kenny Rogers - "you gotta know when to hold em', know when to fold em', know when to walk away, know when to run. You never count your money while your sittin at the table, there'll be  time enough for countin when the dealins done"

Guess this guy should have known when to walk away, better yet, he should have ran!

Peepingjackie
Peepingjackie

I mean it would make more sense, family should appeal the case, because I think he has a chance, safe to say California hasn't done its job correctly once again, of course. My regaurds go out to the family, mom and dad very pleasant people don't lose faith, hope your boy comes home to you guys.

Peepingjackie
Peepingjackie

Sentencing was beyond ridiculous, how could he be charged with life in prison if for one he was a minor two, if or if he didn't pull the trigger of this so called "shot gun" which to my understand it wasn't even a shot gun, he didn't injure anybody. damn, I mean give the kid a break, he's only what 18 or 19 now, and he loses his freedom because of clearly lack of evidence I mean, no disrespect to the jury but I mean come on do your job right, if the evidence isn't pointing his way, let alone if he's never had a criminal background, and I mean a real criminal background not a graffiti charge then

Floyd Wilson
Floyd Wilson

I guess being a career criminal with a gang affiliation does not pay off in Cali.

Zavdjatgeswvv
Zavdjatgeswvv

Very harsh indeed.  What happened to the days of "Scared Straight" as a means to teach these dumb kids what their life was going to be like IF they got involved in a crime like this?  Very sad all the way around.  Obviously the "system" is trying to send a message to the gang community, but sadly , it isn't working.  The worst of the gang members still run amok among us...Yeah, this kid might have loaded and handed the gun BUT life in prison?  Welcome to the New World Order...

Claudia Neemia
Claudia Neemia

Yikes, in all the years I lived in BP, we never took Eastside seriously. NO offense to all the little cholitos out there, but we never saw them as a real threat.. hmm, who knew?! 

Bark naked
Bark naked

Your honor, I would like you to declare a mistrial.   On what grounds counselor?Your honor, you were not there. Your information is all hearsay.  What about the juries decision after hearing the evidence?Your honor, same thing. They were not there either.  And the prosecutions evidence? The tape admitting guilt?Your honor, prosecutor wasn't there when the tape was made.  So counselor, in order to be convicted a person must have the judge,jury,prosecutor all standing next to him when he commits the crime? Yes your honor, boy you are a slow learner, you got it now.   So counselor what about the gang tattoos? The gang clothing, the stolen car?Your honor, jesus had a gun to his head when all these things happened.  Counselor, Jesus got a tattoo with a gun pointed to his head? I doubt that.Your honor, you weren't there, how would you know?   So counselor, let me ask you this, the 100 plus people in the meeting with Anaheim PD demanding answers to what they refer to as an unjustified shooting weren't there either. How can they be so sure.Your honor, when an officer shoots a gangmember pointing a gun at him it is always the officers fault, the people don't have to be there . Pay attention sir. 

Dalethsanchez
Dalethsanchez

Youll be out soon chiko fuck the stupid government

racistsequalCledus
racistsequalCledus

Ughh I hate all these dudes/Chicks bringing race into the topic at hand. Lemme just put this out there; I'm a young Mexican man. I do not support gang activity or violence . I actually despise it. I grew up right on the middle of one of the gangs in the discussion and a neighboring rival gang. I've seen some of my friends and family taken as an outcome of this lifestyle these people choose to participate in. So I hate it as much as you racist,incest, Buck toothed, corn cob and wheat stalk chewing, racial profiling. motherfuckers. I however refuse to stand by and let you talk down on my entire race as a whole because of your ignorant stereotypes on us. I've had my run ins in Fullerton with white supremist families that live up and down orangethorpe growing up as a kid in this area and I cannot, will not ever feel good about or think about talking down on the entire Caucasian race. That just shows complete and total ignroance on your parts. There are are percentages of every race that fit a stereotype to some degree, but not every member of that race falls under it. I'm a proud Mexican and I have never been in a gang. My parents and grandparents Came from mexico..... soooo what? Should they have gotten your fucking broadcast warning us enchilada loving"Spics" to stay out? Fuck you and your 30 minutes on Google searching the judicial system for a justifyable/relevant argument as an opportunity to bring your racial slurs into play to stir up commotion on a public forum hoping to get a rise out of people. All of you racist morons only talk like this behind a keyboard. Because if you brought any of these idiotic beliefs to be heard out in public you would be pummledin a matter of minutes by all races including your own. And if you do have the balls to do this and yet to have received any physical punishment; then thank whatever higher power being you beliin that you have not run into me doing so. I was never. Once harasse By a Mexican selling oranges on the side of the street. Can't say the same about "homeless" American citizens begging for beer money.

Notasdegente
Notasdegente

This is very sad and tragic....I really feel for this kid because his life is over because he made a stupid decision to be part of gang. This is why I quit gangs when I was in my late teens because it's bullshit! I like to state that not all Mexicans are gangbangers! If anything some of them that come to this country put people like me a Mexican-American to shame. Why? While we the American(Mexican descent) counterparts consider them our ass backwards cousin from the countryside they actually go on to colleges,universities,and get good careers. The Mexican-Americans get lazy,get lured in by gangs because of the romance and glamor. The other scenerio they knock up some chick,they marry young,divorced(young marriages don't last anyway)or get involved in drugs.    I see it time and time again... I am not an old man if anything I am still considered a young man! I have seen too many friends,associates,classmates fall into the same traps that many others before them have fallen through. What's it going to take? When our people going to learn? I am not a religious man although as I have grown disillusioned with organized religion a long time ago. Too much hatred,hypocrisy,greed,corruption but that's another story....People need to understand especially the Mexican American community that not God,Jesus,The Police,family,society,Your friends,ect is not always going help you! You and you alone have the power to achieve and be productive in your community and your life. Tradition is not always a good thing!   That's the problem right here. Why not rebel? Become an intelligent rebel! Stop looking up to the homies in your barrio. Pick up  a book. Learn to play an instrument. Become a writer.  LEARN. LEARN. Knowledge is power. Cliche but it holds a lot truth. Don't be afraid to think for yourself! Your peers that make fun of you because of your desire to learn and do well in school?FUCK THEM! You are going see how they end up: knocked up,ex-cons,born-again ex-cons,dead,tweekers/drug addicts,maim,alcoholics,semi-homeless,dodging child-support from baby's mamas,traumatized,ect. I see time and time again..sadly. Vicious cycle yet too many don't want to become the smart blacksheep. BREAK TRADITION!  In closing I like to say I find amusing that many people on here to like to play judge, jury,and executioner. Yes the kid fucked up his life but who are you to categorize an entire race of people all because of a few dumb thugs?  People need to get off their high horse because your not as innocent as you think. NOBODY IS. So please stop with the holier than thou attitude,you are no better than anybody else.

Kelly M. Bray
Kelly M. Bray

If this is not "life without parole" then he can get out in around 20 to 25 years. He will be on parole till he dies, and that is not a bad thing. 

Dalethsanchez
Dalethsanchez

Youll be out soon chiko just keep your head upThis just shows how fucked up the government is

Dtakeda
Dtakeda

Darn police only ever arrest "good" kids.  No one's ever in a gang.  How's that work?

eruiz
eruiz

Another murderer off the streets!!

949girl
949girl

I think that the sentence was harsh, as I stated earlier. To the people coming on to this board leaving ignorant comments, it isn't really helping out your friends cause, this is to those who are telling everyone to Fuck themselves and calling the cops crooked and calling everyone idiots, you just make yourself look ridiculous and know one will listen to you.  Rather than coming on here stating insults, back up your arguments as to why he isn't guilty and then maybe people will listen.  I think the punishment is severe, but to say he is innocent just because he didn't pull the trigger is pretty ridiculous also. 

Mariaeramos4
Mariaeramos4

How can they find him guilty with out no evadance just because he was a gang member and he had his flaws doesnt mean hes a murder BUENA PARK POLICE ARE CROOKED i lived in buena park to long to know how they work they cant even protect inocent children walking to school thier CROOKED

Sweeetsbaybee
Sweeetsbaybee

Jesus is NOT A MURDERER ! He DID "NOT" fire the gun shots therefore he should be given timee "NOT"A LIFE SENTENCE ! free my boy jesus <3

Yoo
Yoo

Crystal Morales should be the poster child for the new gang calender. She supports attempted murder, gang activity and harming innocent people .

Esmeralda
Esmeralda

The system is so fucked up its wrong to convict him with life,  theres ppl who rape and actually commit murder and get only a few years in prison this jst goes to show how fucked up our justice system is ! 

Dalethsanchez
Dalethsanchez

This is all bullshit! they know it wasnt him and still blame him theyre giving actual murders 15-20 yrs and hes charged wit ATTEMPTED murder and he gets life showsfucked up system we have!

Magdat55
Magdat55

He will be another kid I'll be praying for.

eugenio
eugenio

@JL considering that Kenny Rogers is your source of knowledge..... I don't need to respond to your insults with more insults. Your hateful, and uninformed comments say everything we need to know about you. 

ageofknowledge
ageofknowledge

And if the penalty for murder still was death, we wouldn't have an enormously expensive sprawling criminal empire run by the worst of the worst like we do today.

eugenio
eugenio

@Floyd Wilson where did you get that the kid was a career criminal? Some reading comprehension classes, maybe?

Barabbas
Barabbas

nah. Appeals court may review the sentencing however an attempted murderer is a threat to society. A sociopath who wants to kill with no conscience. Another marine wanna be ready to stab innocent people. You support that? You support killers? When you were born the doctor should have slapped your mother. Your father/ Who knows who he is...just sayin....

JohnR
JohnR

 Part of this makes sense but you must admit how the gang problem has exploded in every area where raza settle.  Every state in the nation now has vicious gangs that did not exist before the grand mexican expansion.  Blame whitey for this attitude you despise but the truth is that individual choices on the part of raza create this stereotype again and again and again.

Buttercup
Buttercup

 Sure...it was the "Government" who put that shotgun in his hands...sure.

Buttercup
Buttercup

 Oh my God...these posts are getting funnier as they go along, who ARE you people? Hysterical.

Yoo
Yoo

He had his flaws, ok, handing a loaded gun to another with the intent to kill is a pretty big flaw, doing the act for the benefit of a street gang is another big flaw. This country has laws, you live here you abide by them. The law states, the jury spoke the judge gave the sentence. Any part of this that you don't like then change the law, not willing to live by the law then leave.  This is ONLy the beginning. Tough ass laws are being put in place right now to END this violence. One gangbanger at a time. Got it? Good. 

Buttercup
Buttercup

 How about you take his place.

Lancetime
Lancetime

Keep this in mind. New laws have been passed that specifically toughen the sentencing against gangs and gang activity. Jesus was sentenced based on the laws. More laws are coming to deal with other problems as well. Decent honest people are tired of the crime in these neighborhoods. Lawbreakers beware. 

Buttercup
Buttercup

 So, since this is "All Bullshit"! Why don't you toddle on down to the police station and tell them who DID do it? Oh, that's right, because you're talking out of your ass.

Yoo
Yoo

What did "poor Jesus" deserve? Did the person who was going to get murdered that night but survived deserve anything?  Your thinking is very flawed and third world. ALWAYS someone else's fault. NA NA NA NA .....NA NA NA NA ....HEY HEY HEY....GOOODDD BYEEEEEEEE.

123
123

haha buttercup you are hilarious!! This is probably the most exciting thing to happen to you ever. Stalking the blog about the 16 yr old you helped put in prison for life. You must be so proud of yourself. Get a life.

123
123

Very mature buttercup. Nice. Excellent display of jury duty-ing right here. Poor Jesus, he didn't stand a chance with you almighty judgmental bi*ch deciding his fate.

Buttercup
Buttercup

 Gee, if I'm not mistaken...you're right here with me, "stalking" me!

Ironic huh?

As for this case? Yes, it is alarming to me that at the age of 14  this "kid" was caught in a stolen car, gang activity (graffiti) and then moved on to handing a loaded weapon off to his gang banger friend...who USED it.

Yes, I'm reading this because it is incredibly alarming, knowing that he is ONE of thousands

123
123

Oh and look! a rapist cop! Only got 4 years in prison. But it's okay that he only got four years even though he sexually assaulted 3 individuals (and he admitted to it) because it's THE LAW. And I'm a good law a binding citizen who follows the law no questions asked. So let this rapist walk in four years, it's okay with me because it's the law. God bless America and it's pristine justice system. No better justice system in the world I say. http://blogs.ocweekly.com/nave...

123
123

haha very funny cup of butter. I've done jury duty for your information, twice. I've never been convicted of anything, I'm a doctoral candidate at Stanford University so I guess I trump you on the intelligence scale. You on the other hand are one judgmental bitch. And no I don't say that because I'm "not aware of how jury duty works." I mean it because from what I see you sop up everything that's put in front of you by the police and DA no questions asked. You soak up anything displayed to you by the media without analyzing out of your own accord. You take everything at face value and you follow the law like a blind rat. Believe it or not the law isn't always correct, which is why it's always changing. If we lived in medieval times you'd be burning innocent women at the stake, claiming they are witches, just because "the law" says so. Moreover did you know Officer Woo (the officer who ordered the recording done in Jesus' case) has a history of beating up and harassing young kids from the street? He beat up Jesus when he was 14, BEFORE he'd been caught in a stolen car, BEFORE he had any priors whatsoever. Woo has been harassing Jesus since the dawn of time. Jesus got involved in this shotgun crime and Woo took his chance to sink his teeth into him. If you don't believe me look it up. Do research. There's more to this case than meets the eye, you'd know that if you had half a brain. Cops can be corrupt, and so can the DA. and before you say "well why don't those kids press charges against Woo??" because they can't. We don't live in a just and perfect world where people can press charges and things will be taken care of, especially if you're accusing someone of authority. There's so much red tape required to press charges against a cop because they're so well protected. Their department cares more about losing their credibility than about convicting it's corrupt individuals. So get off your high holier than thou horse and use your brain (if you have one). 

Buttercup
Buttercup

 I guess you are not aware of how Jury Duty works huh "123" . Is that because you refuse to go? or are you unable to due to "criminal convictions". Here, I'll give you an idea of how it works.

Law abiding citizens (who are able to vote) are given jury instructions, listen to the case and then JUDGE the case on it's merits.

Your interpretation of "Judgmental" is correct. The rest? sounds like you were on the wrong end of a trial.

I was not on the panel of this case, but it seems your weren't either, yet you know exactly how it "went down"...interesting.

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