Zilvia Community! Please Help This Kid Out

[I LUV MY S13]

I apologize if this is in the wrong section.

Anyways my cousin's, bestfriend's brother is currently serving a life sentence for a crime he did not commit. Please click on the link below to sign a petition for a re-trial or executive clemency. We need 3,000 signatures, currently (7-13-12, 1:00pm) we have 2,500. I know that with all of the support from zilvia we can have this shit done by the end of the day. If you feel like justice was served and he doesnt deserve a re-trial, fine thats your choice but atleast bump the thread so that others can have an opportunity to decide for themselves.

Thanks.

Criminal Justice Petition: Re-Trial or Executive Clemency for Jesus A. Aguirre | Change.org (http://www.change.org/en-GB/petitions/re-trial-or-executive-clemency-for-jesus-a-aguirre)

On March 13, 2010 a young man, Ramon Magana, was shot with a gun carrying birdshot ammunitions in Buena Park, California. Ramon suffered superficial non life-threatening lesions according to medical reports. Ramon decided not to press charges against his shooter.

My son, Jesus Aguirre, then 16 years old, was arrested by the Buena Park Police Department for this crime and charged with attempted murder. Jesus is innocent.

Jesus was taken to the court where he was classified as a gang member, even though he had a clean record. Jesus had no prior felonies or gang activities on record prior to being arrested for this crime. According to California law any crime committed by a gang member is enhanced with a more severe sentence.

On April 6, 2012, Orange County Superior Court Judge William R. Froeberg sentenced Jesus, now 18 years old to life in prison despite the fact that:

-The victim Ramon Magana, testified in court that Jesus was not responsible for the crime. The victim's mother and sister, who witnessed the crime, also testified in favor of Jesus.

-DNA and fingerprints taken from the crime scene did not point to Jesus and the weapon was never found.

-The trial prosecutor, District Attorney Brett Brian, never offered Jesus a pre-trial plea bargain.

-The jury was homogenous in race and age and not from the area where the crime was committed.

-Jesus was charged as an adult even though he was arrested at the age of 16.

It is a great injustice that a boy of 16 receive a life sentence when no life was lost in this case. We ask that you please prevent this injustice and demand a re-trial taking into consideration all of the points mentioned above or an executive clemency. No life was taken in this case except Jesus'.

Thank you.

[future]

Explain for us so we don't have to read everything?

[I LUV MY S13]

Haha c'mon man its broken down for you right there in the quote, it takes 30 seconds to read.

-Kid got shot with bee-bee gun
-Friend gets arrested, goes to court and is classified a gangmember and is charged with attempted murder
-During trial, victim and family (witnesses) say it wasnt the friend
-Weapon was never found and the DNA & fingerprints from crime scene did not match
-Friend is charged as adult (age 16) and is sentenced to life

[raz0rbladez909]

More info so it's not so one sided. I'm not saying the kid is guilty or not but there were some things left out in the quote above.
Teen Member of Eastside Buena Park Gang Gets Life in Prison Term - Orange County News - Navel Gazing (http://blogs.ocweekly.com/navelgazing/2012/04/jesus_arturo_aguirre_eastside.php)
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.

-Kid got shot with bee-bee gun
I don't know what world you live in but a shotgun is not a bee-bee gun.

[Brian]

So, Ramon got shot with a BB gun by who? Nobody? mystery man? Do we know who did it? How did this even get to the police? I'd like to know more about the story.

Why was Jesus arrested? how and when did it happen? Where was he? Did he have anything to do with Ramon or anything in the area of the "shot"?

gang stuff - Noticed the wording seemed to imply he had no affiliation PRIOR to the arrest... what about at the time of the arrest?


Seems like too strange of a story to be true (based on the original post)


EDIT: Just read that other side of the story

[I LUV MY S13]

Thats fine and I appreciate that. People do deserve to hear both sides.

[Otto347]

-Kid got shot with bee-bee gun

"birdshot ammunitions" :bowrofl::bowrofl: Yeah thats a bb gun alright.......

[future]

There is something missing, if everything said no. They would not put him guilty. Your missing the rest

[Daniel.]

A petition is going to get this guy out of jail right?

[dawagarage]

i love change.org so i took the time to read the petition. however like previously stated, it does not state where jesus was at the time, who did the shooting, etc.

and no, birdshot out of a SHOTGUN is not the same as shooting someone with a bb gun. what if they didnt know what kind of round it was and just assumed it was lethal? what if the intent was to kill? why shoot at someone if youre not trying to kill them? there are a few things that need to be answered here before support can be asked for and given.

[word sux]

after hearing the other side of the story I think I am going to refrain from signing this

[fliprayzin240sx]

Just the fact that the Prosecutor never gave him a chance to a plea bargain makes it sound like there was alot of evidence againist the kid. That alone makes me iffy about this whole shit. Plus the fact that he's covering for the shooter...yah, he can chill in there for a bit more since it doesnt sound like he has any remorse for the shooting.

[KiLLeR2001]

Fail. Look they are trying to pull the race card too LOL! Another gang member off the streets, good riddance.

[mantas]

Seems legit, hands his friend a loaded shotgun to kill someone - he is just as responsible. No criminal record? Caught tagging? Pulled over in a stolen car? And now handing a loaded shotgun for someone to assist in a murder? Seems like a great guy to me, he needs a noble piece prize for being a great citizen. OP you are such a jerkoff, i hope you end up rotting in hell along with your friend, because lets face it - you might just be the actual shooter and one of his gangbanger buddies.

[theronin]

sorry op. not gonna happen.

[kikcaffine]

Fail. Look they are trying to pull the race card too LOL! Another gang member off the streets, good riddance.

Life sentence needs to be a mandatory execution. This whole living rest of your life in jail shits getting old.

[!Zar!]

lol, dude in jail sounds guilty.

[Kuma]

Just the fact that the Prosecutor never gave him a chance to a plea bargain makes it sound like there was alot of evidence againist the kid. That alone makes me iffy about this whole shit. Plus the fact that he's covering for the shooter...yah, he can chill in there for a bit more since it doesnt sound like he has any remorse for the shooting.

My guess is they didn't offer him a plea bargain because he wouldn't give up the shooter. Had he gave up the shooter, he would probably be looking at 5yrs max. The victim didn't want to press charges because he is afraid of retaliation. They already got him once, next time it might not be bird shot.

Not signing... Not going to help someone who wont help himself... If he is willing to spend the rest of his life in prison to protect the shooter, then fuck it...

[Tearlessj]

I bet your friend and all of his supporters are ignorant as hell.

[HyperTek]

I signed it, but after reading that ocweekly article.. he's not soo clean.

[slamburger]

He needs less then 300 signatures to get a re trail...poeple are just signing this shit blind. After reading both sides of the story I would never sign this.

[Phlip]

Jesus was taken to the court where he was classified as a gang member, even though he had a clean record. Jesus had no prior felonies or gang activities on record prior to being arrested for this crime. According to California law any crime committed by a gang member is enhanced with a more severe sentence.

So not only was this untrue, it was supposed to be the vouch as a "good kid" that we would use to then sign the petition without first knowing more?
There are so many problems with this, and I am not terribly sure that someone ELSE will not come up shot - perhaps even shot dead - if this kid is let out of the pokey. Sure, life imprisonment might be a bit extreme, but the request doesn't seem to suggest a request for a more appropriate sentencing nothing about what the petition requests suggests that his guilt is even at all plausible and I find that disingenuous to say the least. Hell, I am of the opinion that his refusal to talk about the case is what got his sentence stiffened to begin with.

Nope, not signing it.

[chinabean]

All I have to say is "Lol." - Not signing.

[Kuma]

He needs less then 300 signatures to get a re trail...poeple are just signing this shit blind. After reading both sides of the story I would never sign this.

I'm willing to bet his re-trial will lead to a re-conviction... But I think it will be funny to get his hopes up, then watch as the jury says "Guilty" again... Still not signing though lol.

[slamburger]

I'm willing to bet his re-trial will lead to a re-conviction... But I think it will be funny to get his hopes up, then watch as the jury says "Guilty" again... Still not signing though lol.
True...its just for a re-trial. But you never know he might give up the shooter and take a bargain. Unless he really is down for the "homies" lol

[raz0rbladez909]

Unless he really is down for the "homies" lol

LOL for some reason when you said that it made me think of this:ddog:
GpBq1CqdaUE

[h2v7]

this kid sounds like a menace in south central while drinking syrup in the hood

[TheWolf]

sounds like he should have understood the importance of proper legal representation.

[mantas]

And it sounds like the op is just another gangbanger who is too afraid to log back in after his thread got flamed. Typical gangbanger mentality - tough in a crowd of "homies", pussy by himself.

[drscooper]

sounds like he should have understood the importance of proper legal representation.

this is exactly what im thinking!

[ericcastro]

Life sentence needs to be a mandatory execution. This whole living rest of your life in jail shits getting old.

This is the dumbest red state thing Ive heard in a little while.

Cant wait to see how the streets errupt with gunfire, stray bullets, police chases, hostages and an explosion in random by standard death rate when people know they wont be going to jail, they will be going to die.
So take everyone you can with you and die on the street....

Not to mention I dont feel I have any right to play god, or let others play god with people lives.

I would bet most people that agree with your comment also listen to music and dress in a manner that supports the mentality that puts kids into gangs, drugs and jail.



I signed it.

Kid needs to roll over on his friend in some sort of plea bargain. Go do his 5 years and hope the jail hasnt ruined him so that he cant escape and get on with a normal and productive for society life.

[kikcaffine]

This is the dumbest red state thing Ive heard in a little while.

Cant wait to see how the streets errupt with gunfire, stray bullets, police chases, hostages and an explosion in random by standard death rate when people know they wont be going to jail, they will be going to die.
So take everyone you can with you and die on the street....

Not to mention I dont feel I have any right to play god, or let others play god with people lives.

I would bet most people that agree with your comment also listen to music and dress in a manner that supports the mentality that puts kids into gangs, drugs and jail.



I signed it.

Kid needs to roll over on his friend in some sort of plea bargain. Go do his 5 years and hope the jail hasnt ruined him so that he cant escape and get on with a normal and productive for society life.

Shocking a comment like that from a resident of California.

[mantas]

Shocking a comment like that from a resident of California.

Yeah people like that making me want to move, but i need my waves, sunshine and......... well this state doesnt actually offer anything else besides taxes and asshole residents that do not care for the well being of anyone else.

[ericcastro]

Life sentence needs to be a mandatory execution. This whole living rest of your life in jail shits getting old.

Yeah people like that making me want to move, but i need my waves, sunshine and......... well this state doesnt actually offer anything else besides taxes and asshole residents that do not care for the well being of anyone else.

You guys are idiots.
Me caring for the well being is the reason i said all that.

I live in the heart of LA, and I know that the city, along with other major cities would become beyond violent if life sentence people where going to be put to death.

If you dont think the same, you either are not in a major city, or in total denial of the way human beings work.

[roboticnissan]

Why would you think that ppl would just kill ppl if they thought theyd be caught and sentenced to death?

Why woukdnt your first assumption be that theyd be more hesitant to commit such crimes?

[feito]

i also say just put them down. Some idiots just arent afraid of it because they know they'll be alright in there and maybe even make some strong connections, and hey, meals are paid by us!! Yaaaaay..... screw that, i already have enough with feeding their kids..

[ericcastro]

Why would you think that ppl would just kill ppl if they thought theyd be caught and sentenced to death?

Why woukdnt your first assumption be that theyd be more hesitant to commit such crimes?

Because that would be an assumption that has been proven wrong by humanity time and time again.

Not to mention every jail would riot and all guards would be killed and all prisoners would escape.



But something like that would never pass anyways, most jails are actually owned by many politicians because they are so profitable. fucking retirment plan bro !!

[raz0rbladez909]

You guys are idiots.
Me caring for the well being is the reason i said all that.

I live in the heart of LA, and I know that the city, along with other major cities would become beyond violent if life sentence people where going to be put to death.

If you dont think the same, you either are not in a major city, or in total denial of the way human beings work.

Why would you care for the well being of someone willing to assist in the murder of someone else? LA is already violent, our justice system is pathetic. Some of those felons live better than the homeless.

Why would you think that ppl would just kill ppl if they thought theyd be caught and sentenced to death?

Why woukdnt your first assumption be that theyd be more hesitant to commit such crimes?

Exactly, people living in countries that will get their hand cut off if they steal are alot less likely to do so.

[mantas]

Why would you care for the well being of someone willing to assist in the murder of someone else?

My question exactly. This guy cant spell and does not have the grammar even for zilvia standards. What a typical downtown LA hippie.

[Kuma]

You guys are idiots.
Me caring for the well being is the reason i said all that.

I live in the heart of LA, and I know that the city, along with other major cities would become beyond violent if life sentence people where going to be put to death.

If you dont think the same, you either are not in a major city, or in total denial of the way human beings work.


It depends on the sentence.

Life sentence = about 25yrs usually... But if you get life without possibility of parole, I think you might as well be put down.

[raz0rbladez909]

It depends on the sentence.

Life sentence = about 25yrs usually... But if you get life without possibility of parole, I think you might as well be put down.

Most dogs in the pound will live a more productive life in society than the pathetic people that manage to get locked up for life without parole, yet they still get put down. Child mollesters, rapists, gang members, murderers are all at the same level as animals and might as well be treated as such.

[Kuma]

Most dogs in the pound will live a more productive life in society than the pathetic people that manage to get locked up for life without parole, yet they still get put down. Child mollesters, rapists, gang members, murderers are all at the same level as animals and might as well be treated as such.

Agree... If you get life without parole, might as well get death. But just 1 life sentence, there is a chance the person can return to society in 20 or so years and be a productive member of society. It's not exactly like these kids getting a 5yr then going back to jail a few months after release... When in there for 20yrs, you come out a lot older and less rambunctious.

[ericcastro]

Why would you care for the well being of someone willing to assist in the murder of someone else? LA is already violent, our justice system is pathetic. Some of those felons live better than the homeless.



Exactly, people living in countries that will get their hand cut off if they steal are alot less likely to do so.


You guys still arent listening !!!!!!!!!!!

Im not caring for the well being of this one person !!!!!!!!!!!!

Im saying that if you decide all life sentence people get put to death, Then the level of violence and death when crimes are commited will go up. Once you put a rat in a corner, its gonna fight everyone that comes at it.

Once someone thinks they might get life, they have no reason not to try and shoot thier way out of any situation, instead of give up and hope to beat it in court or do the time.

So the amount of violence will be greatly increased and the amount of bystandards being injured in that will rise too.

It has nothing to do with some "LA Hippie" thinking.
Its actually thinking out the reaction to an action, and none of you are doing that.



And If you wonder why I dont have faith in people, like someone said above, Just read the news about the theater shooting this morning.

[Brian]

You are making one big assumption, E Castro.

[sil80owner]

You are making one big assumption, E Castro.

Exactly, he isn't arguing based on facts rather by inferences and assumptions. So on topic- help this kid? My answer is no, why help someone who isn't willing to help themselves. He chose this outcome. He isn't a child. He deserves no re-trail.

[mantas]

One thing i never get - why do people defend criminals? Someone please explain that to me, do you seriously want this guy to get out and shoot your son, daughter, father, mother etc.?

[ericcastro]

Im arguing against killing anyone with a life sentence.


As far as this kid goes, I wouldnt mind seeing him retried and getting a lesser sentence of something like 5 years.

BTW, killing all life sentence people for violent crimes wouldnt make a dent in the prison population. Its the drug related stuff that has prisons busting at the seams.

[mantas]

Im arguing against killing anyone with a life sentence.


As far as this kid goes, I wouldnt mind seeing him retried and getting a lesser sentence of something like 5 years.

BTW, killing all life sentence people for violent crimes wouldnt make a dent in the prison population. Its the drug related stuff that has prisons busting at the seams.

Why do you want him out in 5 years? So he can reunite with his gangbanger friends and then actually kill someone instead of assist in an attempted murder?