Montrose - Daily Press

MONTROSE — The three years Gilberto Aguilar could spend in prison for a 2007 shooting are not enough, the victim and her family said.

Aguilar, 31, pleaded guilty in court Monday to felony-5 menacing and had his original charge of first-degree assault dropped.

The plea agreement called for a maximum of three years in the Department of Corrections, plus credit for time served. Probation or community corrections are also sentencing possibilities, depending on what the court decides.

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Aguilar shot a .45-caliber gun into a crowd in a North First Street parking lot Oct. 28, 2007. Yvette Vigil was walking through the lot when the weapon discharged, and was struck in the upper leg. Aguilar was captured a few days later, when police officers found him hiding under a mattress at a relative’s home.

“I can’t see him walking with felony menacing,” Vigil’s father, Chris, said during court Monday. “It’s very unfair. I think he should go to prison for about 30 years.”

He said the family would do what it could to have the plea agreement tossed.

“I totally disagree (with the plea deal),” Yvette Vigil, who has since moved out of the area, said via telephone after court. “If there’s anything I can do for the sentence to change, I’m going to do everything I can.

“I absolutely do not agree with him being able to walk away with nothing but probation after he’s damaged my life the way he has.”

District Attorney Myrl Serra said he could not comment on the plea agreement now, but the reasoning behind it would be made clear at Aguilar’s sentencing Sept. 8.

The sentencing range for felony-5 menacing is one to three years, with three being the maximum, unless aggravating circumstances are demonstrated. Aguilar’s agreement calls for a three-year cap.

Vigil said she didn’t think Aguilar’s plea agreement was fair to her or Montrose residents.

“The fact that he can walk out into society and be able to shoot a gun and possibly hurt or kill anybody, and for them to look at this and just let him walk away, whether it’s me or anybody else, it’s not fair to our society,” she said.

“It’s not fair to the people of Montrose to know people can walk the streets like that and get away with committing a crime so violent and our justice system will feel like it’s not that big of deal.”

Vigil said she’s thankful to be doing well, after the shooting turned her life upside down. “That one incident affected me for my whole life. ... But I’m healthy and I thank God for that.”

Vigil and her parents also said they were unhappy with emergency and police response to the incident, which they alleged had been slow. Vigil said they were considering action against the city of Montrose.

Comments

MontroseResident wrote on Jul 23, 2008 2:38 PM:

" Fortunately, this is still a country where a description on a flyer is not enough for the police to make an arrest. Anyone who is upset with a 3 year sentence needs to involve themselves with the legal system, work with the overcrowding by an over burdened system.
Of course someone is considering "action". We live in the Land of The Lottery. The Lottery being that sweet chance of being able to sue in court.
Never confuse the law and justice. They are not the same thing. "




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cjvigil wrote on Jul 20, 2008 1:12 PM:

" Re: defendingmedics,
I apologize that you took what I wrote as putting down the medics. I know that you are not allowed to tend to a victim until the area is cleared for your safety, my question was geared to just that, what about the response time? I didn't know what that circumstance was. When I said its who you know, I meant as far as the defendant getting a slap on the wrist. Again, I apologize for not being more clear in what I wrote. "




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once_a_montrose_resident wrote on Jul 20, 2008 11:20 AM:

" According to the affidavit, the man alleged to police that Aguilar admitted to the shooting and characterized it as the result of “a drug deal gone bad.”

Aguilar did not just wave the gun around. He knowingly fired it and did not care where the bullets went.

I can't wait to hear what DA Serra's reasonings are for letting such a dangerous person off with such a light sentence. "




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once_a_montrose_resident wrote on Jul 20, 2008 11:12 AM:

" Please read the article that was published November 1, 2007. Titled: Suspect nabbed in shooting.

Aguilar was identified in the affidavit as the subject of an “officer safety” flier produced by the Seventh Judicial District Drug Task Force. “In the flier, the task force goes on to warn police officers of Aguilar’s propensity to violence, as well as the fact that he is known to carry weapons,” Det. Mike Watson wrote. "




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Perspective wrote on Jul 19, 2008 10:29 PM:

" "Montrose resident," I'm sure your son received 12 years for simply having a drug-laden friend in the vehicle with him. That's totally reasonable, and there cannot possibly be more to the story than that. Furthermore, I'm certain that you've portrayed the situation accurately and without bias.

Your son's friend must've been MADE OF DRUGS to earn him 12 years. Like a cocaine mannequin.

Either way, it has nothing to do with this situation.

By the way, "defendingmedics" made some excellent points. "




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Montrose resident wrote on Jul 19, 2008 7:22 PM:

" I agree with all that said he should get about 30 years. My son got 12 years for having someone with drugs in his vehicle. Where is the justice in that? The DA had it in for him from the beginning! Vote him OUT! "




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dwrldsmine wrote on Jul 19, 2008 2:30 PM:

" If the DA did not consult with the victim, then we have a problem. Guess what? There is another way to fix this. Vote the DA out of office. I wonder if the Vigils voted for or against the DA, or did they vote at all. We live in a country where lawsuits are rampant. My suggestion to the DA, give the family some money, and see if their attitude changes. "




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dwrldsmine wrote on Jul 19, 2008 2:30 PM:

" I think the last sentence of this article says it all. I wonder if the victim's family would have felt better about the plea deal if they would have been offered money. It is sad that this had to happen, but I know for a fact that DAs don't just agree on plea deals on their own. I know they always talk to the victim first. All complaining and threats to sue won't do anything to help the victim's case. "




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defendingmedics wrote on Jul 18, 2008 11:03 PM:

" (continued)a crime scene and police need to be there to make sure the medics don't harm any evidence.It's hard for us to sit by and wait when we know someone is hurt, but we have to protect ourselves, we don't get to come to a scene protected.There is no way for us medics to know who our patient is prior to our arrival, so to say "its who you know." is very rude to any medic. We don't treat based on who the person is or isn't.I don't work for Montrose. I was just shocked by the comment. "




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defendingmedics wrote on Jul 18, 2008 10:52 PM:

" cjvigil, As a EMT we are taught, DO NOT respond to a scene, especially a shooting, until we are told the scene is safe by officers that are on the scene. Scene is safe includes making sure the suspect is in custody or has left the scene. Instead we are paged to an area close to the scene, and told to wait. Not to mention the scene is now a crime scene "




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SUCKERED IN wrote on Jul 16, 2008 8:12 PM:

" IM SURE THE PEOPLE OF MONTROSE ARE WONDERING WHAT THE HECK THIS MAN "THAT DID THIS" IS PROVIDING OR DOING FOR THE TOWN....SOMETHING THAT IS FAVORING IN HIS BEHALF...YOU HERE OF D U I CASES GETTING MORE THAN JUST A SLAP!! "




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AB- wrote on Jul 16, 2008 2:20 PM:

" As a former resident of Montrose and a good friend to the family of the victim,it's sad that this is the outcome of this whole situation.What people don't realize is what this victim has lost because of this.To me,the sentencing is a cruel way of letting the public know that they may to be able to get away with crimes in Montrose....That's to bad "




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Malea S. wrote on Jul 16, 2008 1:47 PM:

" Pathetic, Pathetic, Pathetic! Once again Montrose County proving to be pathetic in their Justice system. The DA did nothing for the victim, or to show there is protection for the citizens of Montrose. "




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Kyle wrote on Jul 16, 2008 1:39 PM:

" It must be that (concerned) is either a public official or married to one because you know if that wasn't the case you would see things alot different. The shooting occurred not long after I moved here and it almost made me move away. More needs to be done to this person unless it was a accident which I'm sure it wasn't. What is this world come to! "




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curiousT wrote on Jul 16, 2008 1:34 PM:

" This case is not just a "felony" case that should had been plead down to a three year sentence. This was a SHOOTING!!! More than likely we are not getting the whole story. I am sure that there has to be a reasonable explanation for this. If not, shame on the DA's Office. "




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Concerned wrote on Jul 16, 2008 8:11 AM:

" We live in an imperfect world. The DA's office handles 2000 felony cases a year. There is NO WAY they could try each of these, so it's either dismiss or plea. You will always have exceptions in sentencing on either side of radical but by and large this sentence is appropriate and common. Public servants like DA Serra (and the police officers that responded) should be praised, not chastised, for doing a job that pay's to little and requires too much. "




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cjvigil wrote on Jul 15, 2008 11:37 PM:

" In response to Perspective,
Obviously you are made of stone if you have been a victim of a crime of this extent, without it affecting your life. It's a sickening thought to know that this is how our justice system works when one person makes the choice to take another persons life into their own hands, and faces little consequences for his actions. God forbid your loved one ever suffers as this young lady has. By the way, its just coincidence that I share the same last name as the victims. "




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H.Craig Bradley wrote on Jul 15, 2008 3:19 PM:

" Montrose "Crackers"

Montrose newbees are liberals. Only a sickly liberal judge would do a plea like this.

A sporting goods owner named Bald Bob in Rifle (1983). According to the Rifle Telegram (source of all wisdom), "Bald Bob" took an unloaded .45 cal. handgun from the glass case and pointed it at someone in his store. He was sentenced to felony menacing and given ten years in prison. How did the Montrose D.A. come up with three years for this cracker anyway?

As usual, more people equals higher cost of living and more liberal scum "




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Perspective wrote on Jul 15, 2008 1:10 PM:

" Yes, I would WANT Aguilar sentenced to a lengthy term but would EXPECT him to be sentenced within normal guidelines.

This isn't landmark. Vigil won't set legal precedent based on his daughter's unfortunate but ultimately unremarkable case.

It doesn't matter, but I have first-hand experience with "such a serious crime against a person." I dealt with it without letting it "turn [my] life upside down."

Just or not, it works this way. Vigil hurts his case by lashing out at everyone: the D.A., law enforcement, first responders, et al. "




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cjvigil wrote on Jul 15, 2008 11:34 AM:

" Why am I not surprised! This man could of killed this girl, or seriously injured more people that night, and he only has to serve possibly 3 years? I imagine that had this girl be a well known person in the community, they would throw the book at him! I am disgusted with this entire story! What about the emergeny response? I want to know why they took so long to respond to a shooting. I tend to believe this is a situation in where its who you know. "




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DANIEL wrote on Jul 15, 2008 11:13 AM:

" THIS IS THE RESPONSE FROM THE CITY OF MONTROSE AND THE DA'S OFFICE. HOPEFULLY NOTHING EVER HAPPENS TO THEIR FAMILY AND THEN IT WILL BE "NO MORE IMPORTANT THAN ANY OTHER CASE". "




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ME wrote on Jul 15, 2008 10:19 AM:

" Perspective, you are ignorant. Beacuse this did not happen to you, you have no idea the emotional, physical, and mental reprecussions of such a serious crime on a person. If you were Chris Vigil and this had happened to your daughter, you would want them locked up as long as possible as well. What if you were his next victim? Think before you speak. "




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Perspective wrote on Jul 15, 2008 8:42 AM:

" ". . . he should go to prison for about 30 years."

I doubt Chris Vigil analyzed legal precedent to arrive at that figure.

No one is EVER happy with the sentence set forth upon criminals. To the familly, there's no acceptable recourse.

But this case is no more important or egregious than others before it. Aguilar hsa to be sentenced accordingly, whether or not you agree with precedent.

Vigil might reconsider the frivolous lawsuit, too. Emergency services don't appear in a blink. This isn't "I Dream of Jeannie." "




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