Vista — Juan Rocha may not have been the actual
killer. But authorities said Rocha was the one who uttered the equivalent of a
gang member’s fighting words when he and a friend confronted Devin Allen outside
a popular Carlsbad bar.
On Friday, a judge sentenced Rocha to 15 years to life in prison, more than two months after a jury convicted Rocha of second-degree murder for his role in the death of Allen, a 27-year-old Oceanside resident. Jurors also found true a special allegation that the crime was gang-motivated.
Prosecutors and police said Rocha and a second man confronted and killed Allen outside of Hensley’s Flying Elephant Pub and Grill on March 25, 2011. Investigators testified that Allen had no gang affiliations, but was targeted because he was black in a neighborhood claimed by a Latino street gang.
A witness testified at trial he saw the second suspect, Pedro Avalos, stab the victim. Avalos has also been charged with murder, but authorities have not been able to find him.
Rocha, 21, who ran after the stabbing, was arrested in Indianapolis four days later.
On Friday morning, the families of the Allen and Rocha gathered in a Vista courtroom for what became an emotional sentencing hearing.
Michael Allen, the victim’s father, choked back tears as he described his oldest son, who he said “loved life.”
“If you could have spent 10 minutes with him, you would have liked him,” the elder Allen said to Rocha. “He was a cool dude.”
Rocha nodded at Allen’s father, who then asked the defendant to “reconsider the whole gang thing.”
Michael Allen said Rocha was “a young man who made a bad mistake,” and said 15 years would be a long enough sentence.
After the father spoke, Vista Superior Court Judge Runston Maino said he was considering writing a letter to prison officials to encourage them to release Rocha on parole after serving 15 years. The veteran judge said it was a rare step, one he’d taken only once before.
The victim’s mother, Cheryl Allen, was equally as forgiving, telling Rocha, “I know you are in great pain.”
She spoke of her son’s “beautiful smile and what a faithful and loyal friend he was to all humanity.”
“This act of stupid and ego-driven senselessness took him away from us ... and I will never be the same,” Cheryl Allen said.
She said the victim’s 7-year-old daughter once told her that losing her father “hurts so bad, grandma, I want to scream.” The woman said she moved out of the home she had shared with her son because the pain was too much, the memories too strong.
Rocha apologized to Allen’s family, saying “obviously you guys are good people and full of love.”
“I’m sorry for what happened to your son, and I do accept responsibility for what I did,” Rocha said. He later added, “I am not a racist. There is no reason why this happened to Devin. I wish it didn’t happen. I wish I could have done more.”
Rocha’s family also gave tearful apologies to Allen’s family, saying they pray for them.
On Friday, a judge sentenced Rocha to 15 years to life in prison, more than two months after a jury convicted Rocha of second-degree murder for his role in the death of Allen, a 27-year-old Oceanside resident. Jurors also found true a special allegation that the crime was gang-motivated.
Prosecutors and police said Rocha and a second man confronted and killed Allen outside of Hensley’s Flying Elephant Pub and Grill on March 25, 2011. Investigators testified that Allen had no gang affiliations, but was targeted because he was black in a neighborhood claimed by a Latino street gang.
A witness testified at trial he saw the second suspect, Pedro Avalos, stab the victim. Avalos has also been charged with murder, but authorities have not been able to find him.
Rocha, 21, who ran after the stabbing, was arrested in Indianapolis four days later.
On Friday morning, the families of the Allen and Rocha gathered in a Vista courtroom for what became an emotional sentencing hearing.
Michael Allen, the victim’s father, choked back tears as he described his oldest son, who he said “loved life.”
“If you could have spent 10 minutes with him, you would have liked him,” the elder Allen said to Rocha. “He was a cool dude.”
Rocha nodded at Allen’s father, who then asked the defendant to “reconsider the whole gang thing.”
Michael Allen said Rocha was “a young man who made a bad mistake,” and said 15 years would be a long enough sentence.
After the father spoke, Vista Superior Court Judge Runston Maino said he was considering writing a letter to prison officials to encourage them to release Rocha on parole after serving 15 years. The veteran judge said it was a rare step, one he’d taken only once before.
The victim’s mother, Cheryl Allen, was equally as forgiving, telling Rocha, “I know you are in great pain.”
She spoke of her son’s “beautiful smile and what a faithful and loyal friend he was to all humanity.”
“This act of stupid and ego-driven senselessness took him away from us ... and I will never be the same,” Cheryl Allen said.
She said the victim’s 7-year-old daughter once told her that losing her father “hurts so bad, grandma, I want to scream.” The woman said she moved out of the home she had shared with her son because the pain was too much, the memories too strong.
Rocha apologized to Allen’s family, saying “obviously you guys are good people and full of love.”
“I’m sorry for what happened to your son, and I do accept responsibility for what I did,” Rocha said. He later added, “I am not a racist. There is no reason why this happened to Devin. I wish it didn’t happen. I wish I could have done more.”
Rocha’s family also gave tearful apologies to Allen’s family, saying they pray for them.