A Tucson man who invaded a U.S. Border Patrol agent's home expecting to get $60,000 but ended up seeing one of his buddies shot to death was sentenced to eight years in prison Monday.
Michael Angelo Lopez, 21, and two friends were armed when they kicked in the door of the agent's home on Dec. 9, 2007, according to court documents.
The agent's dog woke the family. One of the invaders fired two shotgun rounds, and the agent fired four or five rounds, court documents indicate.
Christian Gomez, 20, was struck four times. His body was found by a passer-by five hours later about four miles from the agent's house.
Lopez, Gerson Americo Montes and Mark Anthony Escobar Jr. were charged with first-degree murder under the felony-murder rule, which allows people to be charged with murder when someone dies during the commission of certain felonies, such as robbery.
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All three men pleaded guilty to manslaughter and first-degree burglary.
Escobar is serving 10 1/2 years and Montes is awaiting sentencing.
Defense attorney Steve West asked for leniency for Lopez Monday. He told Judge Charles Sabalos it was Gomez who was the ringleader and the man who fired the shotgun.
Gomez had information the agent was "on the take" and had $60,000 stashed inside his house, West said. The agent has twice been investigated on allegations of wrongdoing, but been exonerated both times, he said. The agent has also been promoted and transferred, West said.
Lopez was only 18 at the time of the crime and has no other adult felony convictions, West said.
Deputy Pima County Attorney Laura Audsley asked for a 15-year sentence, citing Lopez's juvenile record and the trauma inflicted. She also said Lopez may have been the one who fired the shotgun.
Lopez apologized to the agent's family, the Gomez family and his own family, saying he hopes they will one day forgive him.
Sabalos ordered Lopez to pay $8,115 in restitution, a portion of which will go to Escobar's father, whose vehicle was used in the incident and later set on fire.
Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet.com
