Murder plea nets 10 years

MONTROSE — Saying he sinned against God, David Celestino-Sostenes pleaded guilty to stabbing his roommate to death last year.

“In truth, my time in jail was all a blessing for me, because I learned to be humble before God,” Celestino-Sostenes said Tuesday, after pleading to second-degree murder, heat of passion, in the September 2007 death of Fermin Flores-Gonzales.

“I know I have done wrong in His eyes. Everything happened in one second, without me having time to think it through.”

Celestino-Sostenes, who said he was in the country illegally, was sentenced to 10 years in prison, as per the agreement reached with the district attorney’s office.

The heat of passion element in the charge means the actions he undertook to cause Gonzales’ death were triggered by provocation of the sort that would induce “irresistible passion in a reasonable person.”

Celestino-Sostenes was originally charged with second-degree murder without the mitigating heat of passion element.

He and Gonzales shared a trailer at an Olathe ranch where both worked as farm help. A few days before he died, Gonzales had celebrated his 26th birthday with friends, including Celestino-Sostenes. The men were reportedly drinking the night of Sept. 22, 2007 and a quarrel broke out between them early Sept. 23 at their home.

Celestino-Sostenes later admitted to stabbing Gonzales three to four times in the chest during the argument and also told Montrose County Sheriff’s Office investigators he’d felt threatened.

The men’s employer found Gonzales’ body on the porch later Sept. 23. He died of multiple stab wounds, the coroner said.

Celestino-Sostenes fled to the home of a friend and later turned himself in. Public defender Harvey Palefsky said Tuesday Celestino-Sostenes was so overcome with guilt it took “three hours to calm him down” enough to get a coherent statement.

“I know that this is a significant tragedy. Mr. Celestino understands that and feels grateful he will get another chance to go on with his life,” Palefsky said.

He said most people knew his client as a very religious man and Celestino-Sostenes had acted completely out of character by so much as drinking the night of the incident.

“This, unfortunately ... was a culmination of continuing taunts and threats that had gone on before this. Mr. Celestino just lost it.”

It was nonetheless telling Celestino-Sostenes fled to the home of a fellow churchgoer, Palefsky said.

“His first words were ‘I sinned against God.’”

Palefsky and the court noted Celestino-Sostenes’ clean record, cooperation with authorities and the heat of passion element in the amended charges.

“Some people may see this as a fairly light sentence...but it is appropriate,” Palefsky said.

Assistant District Attorney Jerry Montgomery said that at last report, Gonzales’ family in Mexico did not object to the agreement.

He explained the DA’s office had discussed the agreement and a few other possible dispositions in the past, but had not been able to contact the Gonzales family again within the past week. It was his understanding they were still unopposed to such an agreement.

Celestino-Sostenes said he wanted to pay for his actions. “Now I recognize what I’ve done,” he said through an interpreter. “I ask that God judge me fairly. It is only God who understands my intentions from my heart.”

He asked fellow believers to have compassion on him.

“Now my wish is to be with my family and live with the fear of God. If I have to do my time, I will do what God wishes.”

Judge Jeff Herron asked Celestino-Sostenes how long he’d known Gonzales and whether he knew Gonzales’ family.

Celestino-Sostenes said he hadn’t known Gonzales before coming to Montrose County and had not met the other man’s family.

“I feel sad about all that happening,” he said, adding that wanted to help the Gonzaleses once he is released. He also told Herron he had a wife and five children of his own.

Herron said Celestino-Sostenes’ actions were indeed sinful.

“You have also wronged many other people with your actions,” he said, citing both Celestino-Sostenes’ family and Gonzales’, as well as the local community. “I truly believe you recognize that. No disrespect to your religious beliefs, but you also need to recognize the damage you’ve done to people on this earth.”

He then formally sentenced Celestino-Sostenes to 10 years, minus 199 days’ credit for time served. Conviction of second-degree murder, heat of passion at trial can bring a sentence of four to 16 years, or 32 years, if aggravated circumstances are proved.

Celestino-Sostenes must also serve five years on parole upon completion of his sentence. As part of the plea agreement, he waived his rights to challenge deportation.