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GANGLAND USA

Saturday 7 May 2011

16-year-old gang member gets 27 years for 15-year-old's death

Both boys were 15. One jumped from the car and shouted a gang challenge at the other, who had been riding his bike and listening to music on a hot afternoon in Sunnyside.

The shooter fired quickly, sending two bullets into David Baldonado, including one that nicked his carotid artery.

Baldonado, who police say did not appear to be involved in gang life, stopped at two houses before finally finding help at a third, where he collapsed on a couch. He later died, joining several teen victims of gang-related killings that were among the 27 Yakima County homicides in 2010.

"I don't know why they shot me. I don't bang," he said, according to a statement recounted in court by Sunnyside police Detective Erica Rollinger.

She described the murder as a "botched execution" and noted that defendant Alex Bueno now has at least half of a tattoo that would represent a gang symbol for "Norteño Killer" on his arm.

On Thursday, Bueno, now 16, was sentenced to 27 years for the premeditated first-degree murder of Baldonado last July. His guilty plea averted a trial that might have seen him put behind bars for life if prosecutors had opted to pursue aggravating factors.

Baldonado's mother, backed by more than a dozen relatives and supporters, struggled to express her thoughts to Judge Michael McCarthy.

"This is my son," she said, showing Bueno a picture. "This is what you took from me."

She said she wished the sentence was longer.

Deputy prosecutor Gary Hintze, part of the gang unit in the county prosecutor's office, acknowledged that the plea could be seen as an "imperfect resolution, but it makes sense and I stand by it."

The turning point at trial would have been whether Bueno's chance encounter with Baldonado on the way to a barbecue with friends was sufficient for a first-degree murder conviction.

If jurors had favored a defense argument against premeditation, Bueno could have faced as little as 16 years. Under state law, he must serve at least 25 years before earning time off for good behavior.

Defense attorney Mickey Krom said the shooting was a tragedy for all involved. He said the whole situation might have been avoided if his client hadn't reportedly been drinking and using drugs beforehand, and he challenged some of the assertions made by police in describing the severity of the case.

In a brief statement that could barely be heard across the courtroom, Bueno said he wanted to begin serving his sentence.

"I'm sorry for what I did," he said.

McCarthy called the case every parent's nightmare -- which happens to be Bueno's gang moniker, according to police -- and said those who "play the blue and red game" need to realize the foolishness of their actions.

"Killing people because of the color of their shirt is moronic, it's cruel, it's horrible," McCarthy said.

Police said Baldonado was wearing a maroon shirt and a red belt. Although earlier reports from police had suggested he was shot because he was a rival gang member, Rollinger said her investigation had not proven that out.

Baldonado's relatives had said he was not a gang member, although they said it was difficult for a boy of his age to grow up in the Sunnyside area without befriending youngsters with gang ties.

 

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