A West Wendover man charged with accidentally killing his 15-year old brother and brandishing a firearm in a separate incident was sentenced to 40 months(about 3 years & 4 months) in prison in district court on Friday.
Ivan V. Lopez, 21, pleaded no contest to one count of involuntary manslaughter, a category D felony, in the Nov. 29 shooting death of his brother, Manuel.
Lopez told investigators at the time of the incident the shooting was an accident.
He also pleaded no contest in a plea agreement to attempted coercion, a category C felony, dropped down from one count of assault with a deadly weapon and one count of coercion with physical force or immediate threat of physical force, both category B felonies.
The charges in the second case stemmed from an incident June 8, 2017 in which a woman alleged Lopez grabbed her by her hair and shoulders as she tried to leave their residence during an argument, kicked her in her upper thigh and pointed a rifle at her, threatening to kill her.
Lopez was sentenced Friday to 20 months in prison on each count, to be served consecutively, and will be eligible for parole in 16 months. He received credit for eight days served on the involuntary manslaughter count and credit for 20 days served on the coercion count.
Kacin said that although Lopez did not have any “remarkable criminal history” prior to the two incidents, the sentence imposed was necessary in light of the coercion charge that involved a weapon and a new charge of domestic battery which also involved a firearm that he found “disturbing.”
“He needs to learn, he needs to understand, he needs to be specifically deterred, and others need to understand,” Kacin said.
During the sentencing hearing, Deputy District Attorney Mark Mills told the court a recent charge of battery constituting domestic violence had been filed in Eastline Justice Court on June 8, alleging another incident taking place on May 18.
Mills said the new count was unrelated to the charges Lopez was being convicted on that day, but it also involved a firearm.
Deputy Public Defender Ben Gaumond said his client disputed the claim that he brandished a firearm in the coercion matter and asked for the synopsis to be corrected in court documents.
“The defense disputes that Mr. Lopez in any shape or form used a gun on [the woman],” Gaumond told the court.
Mills said the coercion and battery incidents involving the same victim put him “on the fence” whether to recommend probation or prison time for Lopez, citing his young age and lack of criminal history prior to June of last year. Without it, the court would only be sentencing him on the involuntary manslaughter count.
“We’re here basically on gross negligence, the reckless use of a firearm, which resulted in the tragic consequences of a human life,” Mills said. “That leaves it morally a lot murkier, I think, than other clear cut cases of homicide. Mr. Lopez is 21 years old; he’s really young and it wouldn’t give me great pleasure to send him to prison.”
But the new charge “tipped the scales,” Mills said, “… just in the totality of these cases in succession and the allegations, setting aside the involuntary manslaughter [charge].”
“There are clearly some violent tendencies in this defendant,” Mills added.
Although the Division of Parole and Probation recommended probation, Mills asked the court sentence Lopez to prison, but said the state would stand silent on whether the sentences ran concurrent or consecutively.
In asking for probation, Gaumond said Lopez had yet to be arraigned on the domestic battery charge, but that he would plead not guilty and “fight that charge.”
For the involuntary manslaughter charge, Gaumond said the Division of Parole and Probation recommended probation for Lopez and argued the incident was “an accident … no more than gross negligence.”
In regard to the coercion charge, Gaumond said his client explained the incident to police.
“He took accountability in the attempted coercion matter,” Gaumond said, restating that Lopez did not point a firearm at the woman, adding that court documents did not indicate the victim sustained any injuries.”
“That further supports the defense’s decision that Mr. Lopez should not be sent to prison, pursuant to the division’s recommendation,” Gaumond said.
When asked by Kacin if Lopez wanted to say anything on his behalf, the defendant tearfully said he wished he could change the outcome of that night when he tried to resuscitate his brother before paramedics arrived.
“It was honestly just an accident. I did what I could. I tried to help … but it wasn’t enough,” Lopez said. “It hurts a lot. I can’t change the past, as much as I would like to.”
Explaining the coercion charge, Lopez said the incident between him and his girlfriend was “over exaggerated.”
“I’m not a violent person … I wish I could take that back,” Lopez said, noting that she was in the courtroom to show her support as they were “trying to work things out.”
During victim impact testimony, three members of Lopez’s family, speaking through court interpreter Eloisa Mendoza, each said that the shooting affected the family “a lot,” but each also said they did not see him as guilty.
Lopez’s mother, Rosalina Villarreal, said that although the death of Manuel was “very devastating,” she told us her son was “not guilty.”
