CALIFORNIA - Court: 17 years for Mongols gxxg member

OFF THE WIRE
Sentencing for man convicted of killing Gustine bar patron.
The only member of the Mongols motorcycle gxxg convicted in a Gustine barroom killing, and who didn't take a plea bargain, was sentenced Friday to 17 years to life in prison.
After a jury trial that started in October, Ruben Silva, 23, was convicted of second-degree murder in connection with a criminal street gang.
The killing happened after a shouting match between several Mongols members and a Gustine bar patron turned bloody. The fight escalated, spilling into the parking lot, and Bill James, 38, was stabbed to death.
The mother of the victim, Carol James, addressed both Silva and his family before Friday's sentence was handed down. Although she expressed sympathy for the family, she emphasized her loss. "They robbed me of my son that night," she said. "Why? I don't know. You still have your family. I only have a gray, cold (grave) stone."
After Merced Superior Court Judge Ronald Hansen passed the sentence, the family of the convicted man broke out in tears.
"Ruben is innocent," said Silva's mother, Lorena Witt. "He is not guilty of shedding innocent blood. What happened here is the DA decided to pass out plea bargains before any evidence was submitted, before any DNA was done. But after it came back and it didn't fit, they still forced it on Ruben."
Silva was one of nine people arrested in the case. Six people were prosecuted. All except Silva took plea deals ranging from three to eight years in prison.
David Elgin, prosecuting deputy district attorney for Merced County, said the sentence was the only one available under the conviction.
He emphasized the role of local law enforcement agencies in providing the evidence that led to the conviction.
"Mr. Silva had his choice to accept a negotiated plea deal," Elgin said. "He instead insisted on his constitutional right to a jury trial. It turned out that was probably a poor choice for him."
Silva's attorney, John Garcia, said he was disappointed with the findings but said Silva would file an appeal. "I know the jury struggled very hard with this. Many of them cried at the end of the deliberation. They were out three and a half days trying to decide whether he aided and abetted in some way. That instruction is a very difficult one to interpret."
Silva is back in state custody. He has 60 days to file an appeal.
http://www.mercedsunstar.com/2012/01/14/2190528/court-17-years-for-mongols-gang.html