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Old 07-13-2012, 02:03 PM   #1
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Zilvia Community! Please Help This Kid Out

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

Quote:
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.
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Old 07-13-2012, 02:06 PM   #2
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Explain for us so we don't have to read everything?
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Old 07-13-2012, 02:14 PM   #3
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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
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Old 07-13-2012, 02:16 PM   #4
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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
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Originally Posted by OC Weekly
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.
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-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.
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Old 07-13-2012, 02:25 PM   #5
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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
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Old 07-13-2012, 02:25 PM   #6
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Thats fine and I appreciate that. People do deserve to hear both sides.
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Old 07-13-2012, 02:26 PM   #7
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Originally Posted by I LUV MY S13 View Post
-Kid got shot with bee-bee gun
"birdshot ammunitions" Yeah thats a bb gun alright.......
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Old 07-13-2012, 02:28 PM   #8
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There is something missing, if everything said no. They would not put him guilty. Your missing the rest
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Old 07-13-2012, 03:03 PM   #9
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A petition is going to get this guy out of jail right?
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Old 07-13-2012, 07:47 PM   #10
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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.
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Old 07-13-2012, 09:42 PM   #11
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after hearing the other side of the story I think I am going to refrain from signing this
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Old 07-13-2012, 11:01 PM   #12
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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.
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Old 07-14-2012, 12:11 AM   #13
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Fail. Look they are trying to pull the race card too LOL! Another gang member off the streets, good riddance.
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Old 07-14-2012, 12:35 AM   #14
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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.
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Old 07-14-2012, 03:59 AM   #15
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sorry op. not gonna happen.
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Old 07-16-2012, 01:05 PM   #16
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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.
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Old 07-16-2012, 02:42 PM   #17
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lol, dude in jail sounds guilty.
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Old 07-17-2012, 03:57 AM   #18
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Originally Posted by fliprayzin240sx View Post
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...
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Old 07-17-2012, 01:11 PM   #19
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I bet your friend and all of his supporters are ignorant as hell.
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Old 07-17-2012, 01:13 PM   #20
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I signed it, but after reading that ocweekly article.. he's not soo clean.
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Old 07-17-2012, 01:41 PM   #21
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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.
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Old 07-17-2012, 01:58 PM   #22
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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.
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Old 07-18-2012, 03:31 AM   #23
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All I have to say is "Lol." - Not signing.
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Old 07-18-2012, 04:36 AM   #24
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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.
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Old 07-18-2012, 10:56 AM   #25
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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
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Old 07-18-2012, 12:33 PM   #26
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Unless he really is down for the "homies" lol
LOL for some reason when you said that it made me think of this
http://www.youtube.com/watch?v=GpBq1CqdaUE
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Old 07-18-2012, 12:37 PM   #27
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this kid sounds like a menace in south central while drinking syrup in the hood
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Old 07-18-2012, 07:00 PM   #28
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sounds like he should have understood the importance of proper legal representation.
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Old 07-18-2012, 09:20 PM   #29
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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.
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Old 07-19-2012, 01:20 PM   #30
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sounds like he should have understood the importance of proper legal representation.
this is exactly what im thinking!
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