Appellate Court Backs Attempted Murder Conviction For 16YO Buena Park Gangster

jesusaguirrecoa.jpg
Buena Park gangster might catch sentencing break
Jesus Aguirre, an Eastside Buena Park gangster, was 16 years old when he participated in the ridiculously stupid, 2010 attempted murder of a rival hoodlum, lost his trial, got sentenced to life plus 25 years and, from a California prison hellhole, has to watch his distraught family pray an appeal would find him wrongly convicted.

But late this month, a three-justice panel at the California Court of Appeal in Santa Ana backed the righteousness of the conviction, declined invitations to overturn the jury's verdicts and found no trouble that a minor had been sentenced so severely by Superior Court Judge William R. Froeberg.

"The evidence shows Aguirre acted with the requisite intent and took direct but ineffectual acts to commit the attempted murder and the assault with a deadly weapon," opined justices David A. Thompson and Richard Aronson after rejecting as baseless most of the arguments by Aguirre lawyer William Kopeny.

But the panel reversed the sentence based on it's conclusion that Aguirre's trial lawyer provided "ineffective counsel" at the punishment stage. While not necessarily calling for a reduced punishment, they asked Froeberg to conduct a new sentencing hearing and issue specific findings so they review the merits of his decision.

Under Froeberg's original sentencing that includes the possibility for parole, the defendant--who is now 20 years old--would get his first chance to seek release from prison at the age of 49.

Justice Richard D. Fybel penned a concurring opinion, stating that he believes a minor sentenced to a life term in prison in a non-homicide case raises constitutional issues of "cruel and unusual punishment."

But does that mean he backs a reduced sentence for Aguirre?

jesusaguirrediner.jpg
Aguirre
Fybel wrote that it's "premature" to know the answer until he studies Froeberg's upcoming sentencing analysis.

Aguirre--who'd been spotted with fellow Eastside Buena Park gangsters nearly three dozen times before the shooting, wears the gang's tattoos, uses a gang moniker and refused chances to distance himself from that criminal group--is presently housed in one of the state's most hardcore prisons: Pelican Bay.

Ignoring the surreptitious recordings police made of the defendant unwittingly confessing to the crime in his jail cell after his arrest, his family and friends created a Facebook page to protest the conviction and punishment as unjust.

If the Aguirre family wants to continue to fight the case, their next stop is at the California Supreme Court.

Go HERE to see prior coverage of the case.

Follow OC Weekly on Twitter @ocweekly or on Facebook!

Email: rscottmoxley@ocweekly.com. Twitter: @RScottMoxley.


Advertisement

My Voice Nation Help
56 comments
DonkeyHotay
DonkeyHotay topcommenter

American JustUs System Insanity


If minors are NOT adults, why charge them as adults?


If minors are to be held legally responsible as adults, then lower the legal age and give them all the privileges of being an adult.


Are adults ever charged as minors?


Fucking retards.


Hank Ramey
Hank Ramey

It was rendered in an Unpublished Opinion.

Iszzy Sapien
Iszzy Sapien

Yup I agree with the april but like all of u motherfuckers judge without knowing the facts did u read the police report? Were u there? Hell no! Attempted murder could be a simple fist fight with a little exaggeration from a dirty cop and you got attempted murder.

meamea
meamea

I think that oc_dude is right. The cases are different, but in both justice wasn't served. Jesus Aguirre will leave prison at the age of 49, after having spend most of his life with murderers, child/sex offenders etc, he will have learnt nothing but a whole lotta junk from criminals. Then he gets released..to do what exactly? To become a good tax payer? a law abiding citizen? Very unlikely, unless some miracle happens inside the prison.... and that usually happens in the movies only.


I dont support this punishment, I resent his crime and the way he chose to live, but since he is part of our society, we have to 'deal' with him. This young man should be punished for having broken the law, but since he will be released and needs to create a life for himself, he should at least be granted the chance to have the know how. He should be put in a facility where he can learn useful things, work and be productive, because one day you might be standing somewhere next to Jesus, or even live next door, we wouldn't want to share our environment with a "free criminal"  but a rehabilitated person who made a mistake and deserves a chance like we all do.


Whatever he has done cannot be changed, the harm will not vanish just because someone was put away for 33 years. But we can avoid more harm in the future. 


Studies show that countries with capital punishments have higher murder rates than countries that do not apply the death penalty

(https://www.aclu.org/capital-punishment/case-against-death-penalty). 


This is just to demonstrate how little effect harsh punishments have on humans, but educating and therapeutic help have a much more intense effect on our brain. 

Even from an economical point of view, it is much cheaper for a government to rehabilitate a person than just putting him/her away for decades and in many cases execute him/her after a lifetime.


I hope that the gang Jesus belongs to behind bars isn't as bad as the one that caused him to be there now. 






Tiffany Speed Blay
Tiffany Speed Blay

Some of you are saying, "It was a stupid mistake, made by a boy." Hey listen, at 16, I knew murdering, or attempting to murder someone, would land me in prison. He wants to be gangster? He can do it with the hard-core big boys now.

Steve SanFilipo
Steve SanFilipo

Hahaha. That piece of s*** gets to stay in jail where he belongs. And F*** you, Izzy. The type of mistakes regular people make involve shoplifting, wrecking a car, getting popped with weed. Regular people don't get busted attempting to MURDER someone. People who attempt to murder other people deserve a life of sharing a cell with Bubba. F*** him, you, and your mother for giving birth to a stupid MF'er like you.

oc_dude
oc_dude

Now this may be a little bit apples and oranges, but bear with me. Two recent cases in the same jurisdiction.

1. You have 6 police officers in uniform who jump on and beat to death an unarmed person. With weapons, on video, over the course of 10-15 minutes - pounding on the head and throat while the victim screams and cries for mercy. Two people charged, both acquitted, none serving any time.

2. You have a 16 year old (a CHILD! legally speaking) handing a gun with bird / buck shot to a friend and making a stupid comment. Said friend goes and shoots someone in a fleshy body part (the buttocks), requiring the victim to be treated locally at the hospital and walk out. The shooter is not charged. The victim does not want to press charges. The child gets life in prison, with parole possible (!) after 33 years.

This is Bizarro World. Black is white. Up is down. I am this close to speechless.

Dos Chinos
Dos Chinos

The boy should have learned from killer cops to not attempt but kill and he would have gotten away with murder.

Anthony 'Ace' Leon
Anthony 'Ace' Leon

Well he didn't have to join the stupid gangs and now u r in real big boys now next time any gang member do dumb things better think twice or you just lost your freedom and your family too so think real hard...

PaulyWalnuts
PaulyWalnuts

You do the crime,you do the time stupid!


WhiteyAlmighty
WhiteyAlmighty

Why should we even care about this? OC has an over abundance of violent thugs on the loose. Adding one more from the prison population doesn't sound like a good plan.

RAB8
RAB8

JESUS AGUIRRE was a child.. railroaded by our broken system...UNJUSTLY CRIMINALIZED!!!!!

RAB8
RAB8

JESUS AGUIRRE WAS NOT IS NOT A GANGSTER....


bobbydigital1419
bobbydigital1419

Hopefully some young people are reading this article, and will think twice about joining a gang. Speaking of which, I used to work in Buena Park only a few years ago, and while it wasn't Anaheim Hills, it didn't really seem like a gang infested neighborhood. I wonder if this whole thing could've been prevented.

NoBullshit
NoBullshit

Gang member trying get off on nothing more than the plea that he is too young to have such a long sentence.  Well, he certainly wasn't too young to try and kill another person was he?  Fuck 'im....

TheRefriedMexican
TheRefriedMexican

All the family & friends of Jesus Aguirre that are showing love, care and support should have been showing love, care and support when he was free and steered him away from gangs and he wouldn't be in this mess.

whateveryousay
whateveryousay topcommenter

Morals of the story:  Don't join a gang. Don't try and murder people.  


I'll vote for 25 to life with a chance at parol.



Valerie Herlihy
Valerie Herlihy

Stupid boys grow up to be stupid grown ups then have stupid kids themselves.

Benjamin Shelley
Benjamin Shelley

a fortune spent on keeping a man who is living through the results of being a stupid boy

hitman_martinelli
hitman_martinelli

President Obama has the power to commute his sentence. Mostly all Presidents Commute sentences on their way out of office.

Mitchell_Young
Mitchell_Young topcommenter

I’m old even to remember, as a tiny child, the 75% white, 95% American, quiet and tidy bedroom community that was Buena Park. Such a shame what whites have done to ourselves.

Geroniminimo
Geroniminimo

@DonkeyHotay If, on the morning of his crime, he had gotten a BJ from an 18 year old women we would be talking about him as a child victim of child sexual abuse. Ha!

I guess there is little chance of that happening now for decades...

rscottmoxley
rscottmoxley topcommenter

Iszzy Sapien: Yes, I did read the police report and it's clear you haven't. One key trouble with your stance is that police recorded Aguirre admitting not only gang participation but also his primary role in the ambush shooting of an unarmed man in a rival gang. You may not like my recommendation to avoid such situations, but it's good advise: Don't be involved with a criminal street gang. If Jesus hadn't thought he was beyond the reach of the law, perhaps he wouldn't have chosen to wreck his entire life over nothing.

paullucas714
paullucas714 topcommenter

Maybe he should have claimed Affluenzia as a defense.

SickSnail
SickSnail

@oc_dude  Yep. You're right. Apples and oranges. Just because one jury was comprised of retards that let those cops off doesn't mean we have to comprise all juries of retards. This punk ass decided he wanted to live the thug life and tried to kill someone. He deserves whatever comes from that choice.

hitman_martinelli
hitman_martinelli

@oc_dude!! Excellent analysis!! I am as shocked as you! What better evidence then a Video showing the whole crime??! Vs. no video and the jury finds him guilty! The Judge like handing out candy gives him all those years?  I'm not defending Aguirre as much as I am questioning our justice/jury system! There are no precedents! It is a crap shoot when you go on trial!! Just don't get it! Here is a strange fact! William Froeberg was the same judge presiding over the Ramos/Cincinelli Kelly Thomas trial! If you followed it you would have felt he was pro-officers and kept tripping up T-Rack and let the scumbag defense lawyers make a travesty of the trial! But yet he gives this boy all them years?? Something really foul going on!

LawCheck
LawCheck

@whateveryousay  

Do you favor capital punishment? I'm against it because I think rehabilitation is possible, albeit painful and difficult in some situations. 

RocketJ
RocketJ topcommenter

@hitman_martinelli

@hitman_martinelli If I read correctly the the trial/sentencing  came from the state court.

 "Under the Constitution, the President has the authority to commute sentences for federal criminal convictions, which are those adjudicated in the United States District Courts. In addition, the President's clemency power extends to convictions adjudicated in the Superior Court of the District of Columbia. However, the President cannot commute a state criminal sentence. " Those sentences came from USDOJ website.

RocketJ
RocketJ topcommenter

@hitman_martinelli If I read correctly the the trial/sentencing  came from the state court.

"Under the Constitution, the President has the authority to commute sentences for federal criminal convictions, which are those adjudicated in the United States District Courts. In addition, the President's clemency power extends to convictions adjudicated in the Superior Court of the District of Columbia. However, the President cannot commute a state criminal sentence. " That run-on sentence came from USDOJ website.


gabrielsanroman
gabrielsanroman topcommenter

@Mitchell_Young Ha! Only Mitchie can come up with stats like "75% white, 95% American!" Don't blame yourselves too much for opening up that Claim Jumper's by Knott's,,,

oc_dude
oc_dude

@rscottmoxley I did attend the hearing at the California Court of Appeals and it's clear that you haven't. Basing one's opinion on the police report sound just about right for someone who copies and pastes from the OCDA web site and sells this as reporting.

Much of this was based on a recorded conversation of some (what sounded like to me) off handed comments in jail by a 16 year old. A kid wanting to sound tough perhaps? Again - in jail. 

Its not like OC law enforcement has recently been in trouble for borderline illegal jail snitching activies... wait, wait.....

This guy's criminal past consisted of a tagging conviction and being along for a ride in a stolen vehicle. Good decision making? Hardly. But a hardened gangster? Not sure.

Either way, it sounds like this kid is getting locked up for what he MIGHT be doing in the future.

paullucas714
paullucas714 topcommenter

@rscottmoxley Come on Scott, all that aside, this is a glaring case. The kid who killed 4 people in Texas gets to spend 1 year in a Newport Beach drug and alcohol treatment facility. Jesus was tried as an adult, the victim didn't want to press charges, and the shooter wasn't even arrested. This is fucked up all around.

bobbydigital1419
bobbydigital1419

@gabrielsanroman @bobbydigital1419

I don't know what is considered eastside Buena Park. I used to work at storage facility off Beach a few blocks before Medieval Times and all that. Occasionally I'd have a night where I went with friends to other parts of BP, but I still never got a vibe of being in great danger.

whateveryousay
whateveryousay topcommenter

@LawCheck @whateveryousay  I do favor capital but I believe we are really bad at carrying it out effectively and fairly.  I do believe that many innocent people have been put to death.  I assert it is a must in cases that are unambiguously clear. 

Rehab may be possible for some and not for others.  I do not support rehab for killers and attempted killers. I do support rehab for convictions like minor drug offenses, DUI and other minor offenses.  The big drawback for me with rehab and killers is they have already killed or tried to kill.  If we let them back into society after rehab and they kill or attempt to kill again we are at fault for the life taken or almost taken.  I do write this with some real perspective.  A friend of many many years had her mother murdered by her father after he was released from prison.  It's a hell of a responsibility.

hitman_martinelli
hitman_martinelli

You could be right but I seen worse cases commuted and the fact he is so young. He could even commute it to less time.

Mitchell_Young
Mitchell_Young topcommenter

@gabrielsanroman @Mitchell_Young  By American, I meant non-immigrant. You see, there are non-white Americans, and white non-Americans. So if, say, BP had a population of 75% Okies, 15% Japanese Americans, 5% Chicanos, that would be 95% American.

oc_dude
oc_dude

@GustavoArellano - All poor choices, every one of them. No argument. But that, handing a gun to a buddy who goes off to shoot someone and a few comments reported by a jailhouse snitch - in a jail setting - do not add up to Life Without Parole or now, Life with Parole after 33 Years. Certainly not for a child.

18usc241
18usc241 topcommenter

I met his parents at various protest events. They never mentioned the part about him being on audio/video tape. It's important to know exactly what was said because these kids aren't the brightest apples in the apple cart - in other words he could have been talking tough to keep his behind from being whipped in jail etc etc.

Moral of this story - don't be a male Latino gang member and especially not in a County with so many criminal cops - often criminally racist cops.

GustavoArellano
GustavoArellano moderator editortopcommenter

@oc_dude @rscottmoxleyGang tattoo? Gang affiliation? Gang nickname? Cholo. Sorry, but Aguirre and his supporters have to own up to these inconvenient truths.

whateveryousay
whateveryousay topcommenter

@LawCheck @whateveryousay  Again, I do favor capital punishment but I believe we are really bad at carrying it out effectively and fairly.  I do believe that many innocent people have been put to death.  I assert it is a must in cases that are unambiguously clear. 

I do support the death penalty but don't believe that our government carries it out justly.  I do believe that it should be used only in cases that are unambiguously clear.  

LawCheck
LawCheck

@whateveryousay @LawCheck

" I think it is about keeping dangerous people who don't show any regard for life out of society.  "

Oh, so then you'd see life imprisonment as an acceptable alternative to capital punishment? 

whateveryousay
whateveryousay topcommenter

@LawCheck @whateveryousay  I don't think it being a deterrent or not is an issue.  I think it is about keeping dangerous people who don't show any regard for life out of society.  

LawCheck
LawCheck

@whateveryousay

Then I suppose studies showing that the death penalty doesn't deter crime rate wouldn't change your mind.

" If we let them back into society after rehab and they kill or attempt to kill again we are at fault for the life taken or almost taken."

You could say the same about wrongfully executing a prisoner though.

"A friend of many many years had her mother murdered by her father after he was released from prison.  It's a hell of a responsibility."

Yes it is. 

Now Trending

Anaheim Concert Tickets

Around The Web

From the Vault

 

Fashion

General

Loading...