FAYETTEVILLE -- Lawyers for a Springdale man charged with being an accomplice to capital murder asked a Washington County circuit judge Wednesday to transfer his case to juvenile court.
Three men were standing near a car in Springdale in April 2015 when four men in a blue Ford Focus pulled up and demanded to know their gang affiliations, police said. One of the three said he was in a gang, and one of the people in the car opened fire, killing Jimmy Rodriguez, 20, police said. Rodriguez wasn't the person the group was looking to kill, according to police.
Extended juvenile jurisdiction
In Arkansas, minors accused of serious crimes, such as murder, can be certified to stand trial as an adult as young as 14, and youths who are 16 or 17 at the time of the offense can be charged as adults without permission from a court when charged with certain offenses. In a case involving extended juvenile jurisdiction, a child can be held in a juvenile detention facility until his 21st birthday. The court may hold a hearing on or before the offender’s 21st birthday to determine whether further placement in an adult prison is appropriate.
Source: Staff report
Giovanni Vasquez-Sanchez, who police said was the driver, also is charged with accomplice to the unlawful discharge of a firearm from a vehicle. Accomplice to capital murder is punishable by life in prison without the possibility of parole or the death penalty. Vasquez-Sanchez, because of his age at the time, isn't subject to the death penalty. Unlawful discharge of a firearm from a vehicle is a felony punishable by 10 to 40 years or life in prison.
Vasquez-Sanchez was 17 at the time, but is almost 20 now.
Kent McLemore and Tyler Benson, who represent Vasquez-Sanchez, asked Judge Mark Lindsay to consider transferring the case to allow extended juvenile jurisdiction based on state law. They argued Vasquez-Sanchez doesn't have a pattern of violent or anti-social behavior, had a troubled home environment and could be rehabilitated through the juvenile system.
Vasquez-Sanchez could be held at the state Division of Youth Services until 21 and have a suspended sentence hanging over his head for up to life, they said.
"It wouldn't be getting away scot-free," Benson told the judge. "It is possible for capital murder to be transferred to juvenile court, and this is the type of case that I would argue the Legislature had in mind when they passed this bill."
Prosecutor Matt Durrett opposes the transfer, saying a year at the Division of Youth Services lockup would be woefully insufficient. Durrett said Vasquez-Sanchez is an admitted gang member who has an extensive juvenile court history since 2011, with at least 12 stints in the Washington County Juvenile Detention Center. He added the killing was violent and premeditated.
"There's not one single factor that's listed in the statute to be considered by the court that favors sending this case to juvenile court," Durrett told the judge. "There are nine factors listed, and I would argue every single one of them favors it remaining here in Circuit Court. There is plenty of evidence, despite what the defense says, that his was aggressive, violent, premeditated and willful."
Durrett said the shooters circled the block several times looking for a rival gang member who had fought with some of their associates earlier.
"This is a drive-by shooting. There were three people out there, and this car, this group of gangbangers, drives up and just starts shooting. Don't care who they're shooting at, don't care who they hit," Durrett said.
Durrett said he is not alleging Vasquez-Sanchez pulled the trigger.
"Based on the laws of the state of Arkansas he's just as guilty as he would be if he had pulled the trigger," Durrett said. "He facilitated this offense. He made it possible. If not for him driving Rodolfo Martinez around to shoot Mr. Rodriguez, this wouldn't have happened."
Lindsay didn't rule Wednesday, but said he would file a written order as soon as possible.
Police believe Martinez, 18 at the time, was the gunman. He is charged with accomplice to capital murder and accomplice to the unlawful discharge of a firearm from a vehicle.
Jose Delatorre, 18 at the time, is believed to have been a passenger. He is charged with accomplice to capital murder.
Both Martinez and Delatorre are of Springdale.
Vasquez-Sanchez, Martinez and Delatorre are being held at the Washington County jail with no bond.
A 13-year-old boy, believed to be a passenger, was arrested on preliminary charges of accomplice to capital murder and engaging in continuing criminal enterprise. His case was sent to Washington County Juvenile Court and no information is available.
NW News on 02/23/2017