FORT SMITH -- A 19-year-old Slanga 96 gang member will be sentenced this morning in Sebastian County Circuit Court after a jury convicted him Wednesday of second-degree murder and seven counts of committing a terroristic act in the Jan. 14 slaying of a rival gang member.
Alberto Chavez is one of four members of the Slanga 96 gang charged in the death of Justin Lopez, 18, a member of the Clout Boys gang. Lopez died in a hail of bullets fired by Slanga 96 members into the trailer occupied by Lopez and another man, according to trial testimony.
The jury of seven women and five men recommended consecutive sentences for Chavez on 10 charges that totaled 110 years. But deputy prosecutor Scott Houston said after the jury was dismissed that he did not believe the sentence could be handed down as recommended.
Circuit Judge Michael Fitzhugh said he wanted to study the jury's sentencing recommendations overnight and set Chavez's sentencing hearing for 9:30 a.m. today.
Chavez was charged with first-degree murder in Lopez's death, but jurors convicted him of the lesser charge. According to instructions that Fitzhugh gave jurors, second-degree murder is knowingly, but not purposely, causing death, or, with the purpose of causing injury under conditions manifesting extreme indifference to the value of human life.
During the sentencing phase of the trial, Houston told jurors that Chavez was convicted as a minor in 2015 of manslaughter and first-degree battery, for which he had served time in a youthful-offender lockup. He was released from that lockup a month before being arrested in Lopez's death.
Chavez also was charged with seven counts of committing a terroristic act, one of which resulted in Lopez's death. Conviction on the count that resulted in death carries a penalty of 10-40 years or life in prison. Second-degree murder carries a prison sentence of six to 30 years in prison. Each of the other six terroristic acts, which did not result in death, carry a sentence of five to 20 years in prison.
Jurors were told that they had to determine whether firearms were used in the commission of the slaying and seven terroristic act charges. If so, they could tack on another five years to run consecutively to each charge.
Jurors deliberated about 75 minutes Wednesday morning before sending a note to Fitzhugh that they were 11-1 for convicting Chavez of second-degree murder and wanted further instructions. After consulting with prosecution and defense attorneys, Fitzhugh told jurors to continue deliberations.
About 1 p.m., one of the male jurors was excused because of sickness and one of two alternates, a man, joined the jury. Fitzhugh said the law requires that the new juror had to be given the opportunity to participate in all deliberations, so the jury started deliberations from scratch.
Thirty minutes later, the jury signaled that it had a verdict.
Chavez, along with Bryan Porras, 20; Ryan Oxford, 20; and Jorge Chirinos, 17, all members of the Slanga 96 gang, are accused of driving into an alley behind 2315 N. Ninth St. on the night of Jan. 14, pulling out AR-15-style and AK-47-style rifles and firing 43 rounds at the trailer occupied by Lopez and friend Trey Miller.
Jurors heard testimony about the autopsy that showed Lopez died from a single gunshot in the back of the head. A bullet fragment was removed from his skull, and a firearms and tool mark examiner for the state testified that the fragment came from the AR-15-style rifle.
Chirinos, who testified for the state, said Chavez fired that gun and Porras fired the AK-47-style rifle. In a video interview with police that was shown to jurors, Chavez said Oxford fired the AR-15-style rifle into the trailer. He admitted to being present but said he was not armed and did not do any shooting.
Chavez's attorney, public defender Cash Haaser, argued that Chirnos lied on the witness stand. He had told police in the days just after the shooting that he was drunk and on drugs the night of the shooting and didn't remember anything about it.
While Haaser argued that Chavez's role in Lopez's shooting was minimal, Houston argued that Chavez's statement showed that he was an accomplice and helped in committing the acts that resulted in Lopez's death.
He pointed to Chirinos' testimony that Chavez fired one of the guns used in the attack on the trailer. He also referred to testimony from two other witnesses who were at a wedding party the night of the shooting and said they were questioned by Chavez about Lopez's whereabouts.
Porras was convicted by a circuit court jury on Nov. 15 of first-degree murder and seven counts of committing a terroristic act. He was sentenced to 63 years on the murder charge, to lesser sentences on the terroristic act charges and to an additional 34 years for violating suspended sentences on five felonies for which he was convicted last year.
Oxford is scheduled to go on trial Dec. 18 in circuit court on a first-degree murder charge and seven charges of committing terroristic acts. Chirinos' trial on the same charges is set for Jan. 8.
State Desk on 11/30/2017