The family of a Tucson man shot to death in August 2000 expressed their disgust with the judicial system during the killer's manslaughter sentencing Friday, saying he got away with first-degree murder.
Pima County Superior Court Judge Richard Nichols sentenced Jesus "Octavio" Duarte to 10 1/2 years in prison, the maximum allowed under a plea agreement reached in October.
Duarte, 25, pleaded guilty to manslaughter in the death of Manuel Verdugo, 25, in exchange for dismissal of a murder charge.
Before the sentencing, Verdugo's family said Duarte should be getting a life sentence.
"My son had a life. He had goals and dreams, a wife and three wonderful children," Gloria Inserra said.
In addressing the victims' concerns, prosecutor Lewis Brandes said "justice and the law don't always coincide, and this is one of those times."
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Inserra said that when her children were young she moved from the South Side to the East Side because she felt it was safer. The Duarte brothers, Octavio and Gonzalo, lived next door to them and became part of their family, living with them three years, Inserra said.
Octavio and Gonzalo Duarte described Verdugo as a violent drug-dealer known for carrying a gun. Octavio Duarte said Verdugo threatened him with a knife after learning Gonzalo Duarte was dating his sister.
When he spoke with his brother, Octavio Duarte said they decided to confront Verdugo rather than wait for him to track them down.
Verdugo hauled Gonzalo Duarte out of the brothers' car and beat him savagely, even after he'd fallen to the ground, the brothers said.
Octavio Duarte said it was only when Verdugo began kicking his brother in the head that he pulled the gun and fired multiple shots because Verdugo was wearing body armor.
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