Judge blasted for 13-year term in fatal set-to

"I'm not the person these people make me out to be and the way I look on paper," Florez, 27, told Judge Howard Hantman of Pima County Superior Court on Monday.

According to attorneys, Florez and Anthony "Gabriel" Altamirano Jr., 21, were driving on the city's South Side in May 2006 when they passed Dymond Acosta, 18.

Altamirano and Acosta exchanged rival gang signs, prompting Florez to turn around and come back.

Prosecutor Rick Unklesbay contended that Florez got out of his pickup truck with a gun to confront Acosta but agreed to put the gun away when Acosta suggested a fistfight.

It was alleged that Altamirano then got the gun and fired at Acosta, killing him.

Altamirano was sentenced to 18 years in prison earlier this month after pleading guilty to second-degree murder.

Florez agreed to plead guilty to being a felon in possession of a firearm and to violating his probation in an unrelated aggravated assault case so prosecutors would dismiss a charge of hindering prosecution and multiple counts of threatening and intimidating.

Although the plea agreement stated that Florez could face a maximum combined sentence of 13.25 years, Florez and his attorney, Harley Kurlander, expressed shock that Hantman would impose such a sentence.

Hantman said he was giving Florez the maximum sentence possible on the probation violation charge, 8.75 years, because Florez was on probation at the time of the incident, had an extensive criminal history, used drugs while on probation and absconded while on probation.

In addition, it was Florez who brought the gun used in the shooting, Hantman said.

Kurlander argued that Hantman couldn't use those "aggravating" factors in the probation case.

The defense attorney also expressed surprise that Unklesbay argued for the maximum sentence, pointing out that the prosecutor had once offered Florez a plea agreement that called for a five-year sentence.

Hantman rejected that plea agreement at the urging of Acosta's family.

Before he was sentenced, Florez apologized for his actions that day and said he hoped the Acosta family would be "blessed with forgiveness."

"I am not a bad person," Florez said, adding that he never got out of the truck that day.

Acosta's mother, Ruth Alday, told Florez she has been told that in order to heal she will have to "forgive and forget." But she said, "Hell will have to freeze over before I will ever forgive you for what you've done."

Acosta's grandmother, Frances Alday, insisted Dymond was not a gang member. "You destroyed my heart," she said.

Frances Alday told Florez that at least his mother will have grandchildren to keep her company while he's in prison. She said Dymond Acosta's mother won't, because Dymond never got the chance to have children.