“On March 13, 2010 a young man, Ramon Magana, was shot with a gun carrying birdshot ammunitions in Buena Park, California. Ramon suffered superficial non life-threatening lesions according to medical reports. Ramon decided not to press charges against his shooter.
My son, Jesus Aguirre, then 16 years old, was arrested by the Buena Park Police Department for this crime and charged with attempted murder. Jesus is innocent.
Jesus was taken to the court where he was classified as a gang member, even though he had a clean record. Jesus had no prior felonies or gang activities on record prior to being arrested for this crime. According to California law any crime committed by a gang member is enhanced with a more severe sentence.
On April 6, 2012, Orange County Superior Court Judge William R. Froeberg sentenced Jesus, now 18 years old to life in prison despite the fact that:
-The victim Ramon Magana, testified in court that Jesus was not responsible for the crime. The victim’s mother and sister, who witnessed the crime, also testified in favor of Jesus.
-DNA and fingerprints taken from the crime scene did not point to Jesus and the weapon was never found.
-The trial prosecutor, District Attorney Brett Brian, never offered Jesus a pre-trial guilty plea offer.
-The jury was homogenous in race and age and not from the area where the crime was committed.
-Jesus was charged as an adult even though he was arrested at the age of 16.
It is a great injustice that a boy of 16 receive a life sentence when no life was lost in this case. We ask that you please prevent this injustice and demand a re-trial taking into consideration all of the points mentioned above or an executive clemency. No life was taken in this case except Jesus’.
-Jesus Aguirre, Sr. “
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