San Martin
– A Gilroy man convicted of several felony charges including
attempted murder will be in jail until he’s at least 70 years old,
Santa Clara County Superior Court Judge Kenneth Shapero ruled
Friday.
San Martin – A Gilroy man convicted of several felony charges including attempted murder will be in jail until he’s at least 70 years old, Santa Clara County Superior Court Judge Kenneth Shapero ruled Friday.
Anthony Aguilera, 22, was sentenced to 28 years, eight months plus 25 years to life in state prison for a total of a 53-year, eight-month-to-life sentence under the so-called “three-strikes” law.
“That’s a lot of years,” said Santa Clara County Deputy District Attorney Stuart Scott. “We’re lucky nobody’s dead.”
With good behavior, Aguilera would serve 85 percent of the 28 years and eight months, but he must serve 100 percent of the 25 years, Scott said. After that, his case will be reviewed by a parole board on a regular basis.
Aguilera was convicted in July of two counts of attempted murder, two counts of assault with a deadly weapon, one charge of shooting into an occupied vehicle and one charge of reckless driving while fleeing police.
Jurors had to decide if he attempted to commit murder in two separate incidents, or if he just made bad choices and was trying to defend himself in one instance and an innocent bystander in another. He was found guilty of attempted murder in the stabbing of Scott Bargar, 24, at the Extended Stay America in Morgan Hill on Jan. 26, 2005, and attempted murder of Dustin Baldwin in an Oct. 23, 2004, shooting incident in the parking lot of a liquor store in Gilroy.
Bargar was seriously wounded in the stabbing, but survived. No one was injured in the shooting, although police reports indicate as many as six shots may have been fired, with four striking a truck with four people inside.
“I wish we had given him a chance to have a life at the end,” said Aguilera’s attorney, Andrew Tursi. “The court has the discretion to do many different things, some more severe than this, some less. I wish we had given him the opportunity to see the light at the end of the tunnel.”
Tursi said the law that allows a crime committed by a juvenile to be considered a part of the three-strikes conviction is under appeal. If that is overturned, Tursi said, Aguilera would come back to court for re-sentencing and possibly receive less time.
Aguilera’s mother and sister told the judge during a sentencing hearing Feb. 23 that Aguilera is a good person who means a lot to the family. Barbara Aguirre, his mother, said he had made mistakes and associated with the wrong kind of people.
On Monday, she said she and the family were still in shock about the sentencing.
“Anthony’s a very loyal person, loyal to the end, a friend to the end,” said Aguirre. “Obviously, he befriended the wrong kind of people. It’s too late now for all the ifs; we can’t change that now. But I know he regrets not being able to be a father. He’s so emotional, torn between knowing he’s never going to be with his family again.”
She said it is difficult for her to grasp that he’ll be in prison for most of his life.
“It’s hard because that’s my son, his life is gone and so a part of me is gone,” she said. “(The sentence) wasn’t justified. I sat there on Friday and I listened, knowing there will never be a day with me and my son. There will never be another family gathering. How do you say good-bye to your son? I’m trying to find a way.”
Marilyn Dubil covers education and law enforcement for The Times. Reach her at (408) 779-4106 ext. 202 or at md****@mo*************.com