by Antoinnette Borbon
As the Honorable Paul Richardson handed down the 68-year-to-life sentence, the family members of Michael Reyes wept out loud. But they didn’t stop with mere tears.
After carefully going over the probation report, taking into account the words of both prosecutor Amanda Zambor and defense attorney James Granucci, Judge Richardson handed down a 40-year indeterminate sentence with an added 28 years determinate – to a man authorities say allegedly premeditated the attempted murder of two victims.
Once the defendant’s sentencing was over, a family member quickly charged toward Deputy District Attorney Amanda Zambor. As she sobbed, she screamed, “Why not just kill him, just kill him….there’s no difference…just kill him, put him to death.”
Reyes, making remarks to DDA Zambor himself, requested to be taken out of the courtroom.
Michael Reyes was found guilty of attempted murder after shooting at the two victims six times, hitting the male three times. It was alleged that Reyes committed the crimes for the purpose/benefit of criminal street gang activity.
Along with the attempted murder charge, Reyes was found guilty of possession of a firearm, assault with a deadly weapon, willful discharge of a firearm and the additional charge of felon in possession of firearm and ammunition.
Reyes was also charged with gang enhancements, which followed the separate terms and added years to his original 15-to-life sentence for attempted murder.
Judge Paul Richardson explained that “the elements of aggravated and mitigated factors have been met but the aggravation is the stronger factor. I feel the upper base term is appropriate for the gang enhancements. The defendant has a dangerous and violent past.”
Defense counsel argued that the sentence was double sentencing Reyes for the crimes, stating, “Your honor, this is like double sentencing the defendant for the crimes. ” Mr. Granucci explained that, according to laws pertaining to gang-related crimes, the years were excessive.
But not so, according to Ms. Zambor, who referred to a recent case from 2014, People v. [Reggie Lamont] Hall, defining that the enhancement charges were made clear, the substantive offense of promoting gang activity was separate from the underlying charged offenses, and the elements were met for the sentence.
Michael Reyes will be transported to prison to begin his sentence.
See previous – Sentencing Delayed for Reyes; But Co-Defendants Sentenced to Prison Term, Probation
Michael Reyes Faces Life, After Conviction for Attempted Murder
It’s the perfect sentence for a person that has caused pain and suffering for many people. Not just the victim…… but friends, family, and loved ones of the victim…… and also the co-defendants, their friends, family, and loved ones, that did not want, or ask to be involved in that type of situation. The ripple affect of what he did cost many people emotional, and financial pain, that could take years to recover from. He is a gang member, he is a low-life peice of trash,
[moderator] edited.
I just love how this is a”news” paper type of site. They can express how they think, and say what they want because of “freedom of speech”. Yet they edit and modify everything we post. Even when it does not contain profanity or abuse towards other posters. It’s “censorship” at its finest.
[moderator] You actually agree to the terms when you register on this site and this is a moderated site, so you need to abide by our rules. We allow you freedom in expressing your opinion, but not making crude and hateful comments).
The rest of my post stated that Mike Reyes wanted to go to prison because
[moderator]the poster is angry and stated things that were mean spirited in violation of the user agreement
fascinating… never would have thought of that…
There is no freedom of speech on this forum. It is worse than china on here.
Well, I was always taught in the importance of “freedom of speech”… and of the importance of ‘self-editing’ before exercising it.
“self editing?” Why would I self edit the truth?
NoneYaBidness, why would you just get on here and call people names? I don’t really need an answer, it is cathartic sometimes just to rant. Is that adding to the ideas and conversation in a constructive way?
Again, this article I thought would argue the sentence or the charges were unjust because of the Vanguard Policy of criticizing Yolo County DA overcharging the criminals with specious charges. Not a gang member? How many years does shooting people get without the Gang Enhancement?
First degree attempted murder is a life with parole sentence, but I’m guessing they got him for the personal use of the gun, which would be a twenty year enhancement.
I did not “just get on here and call people names” I have reasons for what I say. If you don’t like it too bad.
A piece of trash, is a piece of trash. You can’t change that. It is what it is. I have no sympathy for a low life piece of trash. edited
[moderator] Please refrain from these continued personal attacks. I do respect that you have strong feelings about this. We try to maintain civil language on the Vanguard and avoid offensive comments. Please read and follow the Vanguard Comment Policy: https://davisvanguard.org/about-us/comment-policy/ Thanks.
[moderator]Edited. I will be removing all of your posts until you abide by the Vanguard Comments Policy.
[moderator] I am going to keep pulling everything you post until you abide by the Vanguard comment policy.
It really does not matter how many years he gets. Because I can guaranty that he will go to prison, get sent to the gang unit. Commit more crimes, do assaults, shank people, etc. He will be sent to a high max, he will be in a 3×9 cell for the rest of his life. I would bet ANYBODY $1000 on it. It’s just the way it is. No matter what, his life is done. And I think it is exactly where he should be. He was a violent person before, he was violent when he got out. He will be violent in prison. And I know that withen 5 years he will be in a level 6 pod, pacing back and forth in a cell, complaining how he was robbed of his life. So 15 years, 30 years, 40 years…. does not really matter much.
He was given a chance, he was out on parole, he could have done whatever he wanted or needed to do. He chose to not get a job and take care of his child, he chose to carry a gun, he chose to use women, he chose to inject meth into his veins. These were decisions he made. And those people that are stupid enough to help him or have sympathy for him are just as bad as him. We all make mistakes in life, it’s what we choose to do after the fact that proves who we are.
I have no sympathy for Alice, Mr. Reyes. But, this is not good public policy. Diluting the gangs. Lowering the standard for what constitutes gang activity. The clear evidence is this was not a gang hit. Where was the gang authorization? Maniac, a low level Norteneo, did not even authorize a jumping, and he did not have the authority to authorize a hit! There was no gang authorization, it was personal. It was a spur of the moment personal vendetta, carried out by a poser and a coward. He should have gotten time in prison, but not life for doing the gang’s work. Do we want the Norteneos to lower their standards, start authorizing long distance shootings in the back on the streets? Do we want to say, from now on, any lower level Norteneo is authorized to OK shootings of people in the back going away at 50 feet? No, that would be anarchy. We are having problems with people shooting police officers in the back on the East Coast streets. We do not want that on the Sacramento streets? We should encourage people not to use guns. We should encourage people to use their hands close up, if they have a beef; especially if they are 20 years younger, like Alice. Officials should raise, not lower, the standards for what constitutes gang activities, especially when it comes to street killings.
I don’t think it matters if it was “authorized” by the gang. And I don’t believe that his conviction will cause Norteno’s to suddenly authorize shootings in the back from 50 feet. A conviction like this won’t change gang policy. The point that is being made is, if you associate with a gang, or are a member of a gang, your punishment will be much stiffer. Just the way it is. Gangs are a threat to us all, and to belong, or associate with them needs to be dealt with harshly. He deserves what he got. He is a gang member, he is a felon, he was carrying a gun, he was using your daughter, he shot someone. Stop defending him. You are focusing WAY too much on the gang politics. Nobody cares if he was “authorized” or not. Nor does the law care. He claims he is in a gang, he committed a crime, the crime benefits the gang, end of story.
“He claims he is in a gang, he committed a crime, the crime benefits the gang, end of story.”
that’s not how the law is supposed to work. the law is complicated but the benefit to the gang in this case is not ver y clear or certain. and yet, we have set the law to increase the penalty for reasons that don’t really seem justified. this looked like a personal fight between two people rather than a gang crime. however, it’s immaterial to the outcome of the case for the most part.
How do you know how the law is “supposed to work” ? Did you write it?
“the benefit to the gang in this case is not very clear or certain.”
No, the benefit to the gang is VERY clear and certain. The “intent” is not very clear or certain. We can see a clear benefit to the gang, what we can’t see is if that was his intent. So the issue is, does the law care about intent, or the benefit.
I think the law is written such that it addresses the “benefit of the gang”. I don’t think it addressees the intent. Maybe it was a personal grudge. But it still benefited the gang. He was a dropout, and dealing drugs in gang “territory” so it did “benefit” the gang. Regardless of his intent or reasoning. Does the law state “benefit” or “intent”?
Look it up. I think it clearly states, “to the benefit of the gang”.
no, i didn’t write the law. but i have practiced law for over 30 years.
here’s the plain language of the penal code 186.22:
“Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang…”
they don’t define in the statute what it means to promote, further, or assist… but it’s clear that the plain language of the statute means that it has to be more than mere membership in the gang. and yet, in effect, that’s how the law is used by prosecutors.
Your quote seems to define the definition of a gang member. Not so much as the act of committing a crime for the benefit of a gang. And also, do you still argue that we see a “benefit” but what we don’t know is the intent?
And I’m pretty sure that Reyes “participated in a criminal street gang” and had “knowledge that its members engage in or have engaged in a pattern of criminal gang activity” and “promoted, further, or assisted any felonious criminal conduct by members of that gang”…. From your own quote.
I thought not.
To me the section of the law that you quoted most definitely convicts him with gang enhancements.
BAM! Lawyered… LOL
[moderator] Edited. No more personal attacks.
“Do we want the Norteneos to lower their standards, start authorizing long distance shootings in the back on the streets?
I don’t think this case will affect that in the least. They are not going to modify their policy over this conviction. Sorry.
[moderator] post removed.
” Do we want to say, from now on, any lower level Norteneo is authorized to OK shootings of people in the back going away at 50 feet? ”
No, we need to put all Norteneo gang members in jail.
“Maniac, a low level Norteneo, did not even authorize a jumping, and he did not have the authority to authorize a hit! ”
How do you know this? And why do you know Erics gang name, and why do you refer to him this way? And who cares what he “authorized” or not. He is a peice of crap too. He was beating Lisa.
“We should encourage people to use their hands close up,”
So you are encouraging assaults? You do know that that is also a crime right? And if severe enough and with gang enhancements it could also get you life in prison. What’s the difference?
it’s not a crime to be a gang member. so you can’t just put a gang member in prison. moreover, being a gang member is less black and white and more shades of gray.
I never said it was a crime to be a gang member. I just think that if you want to be part of a criminal organization, you should be locked up. This is an opinion and I understand it’s not law, and won’t happen.
We all know, that if you are a member of a criminal gang, that you are committing crimes. That’s how it works. If you don’t know this you are naive. And if you are a gang associate, you are at least aware of these crimes.
we don’t all know that. some people have token membership, some people haven’t been active for years, and unless they are convicted of a specific crime, we cannot assume that they are commiting crimes. like i said, gang membership is not all or nothing, there are shades of gray and that’s where it gets tricky.
If you are not participating, than in my opinion, you are not a member.
i know a lot of prosecutors who would disagree.
So what?
Your own quote makes it very clear as to the definition of a gang member. It’s not grey at all.
“Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang…”
It says “Any person who actively participates in any criminal street gang ” It does not say you have to commit the crime. It says you participate in the gang, and have knowledge that others in the gang commit crimes, or promote or assists any criminal activity by the gang or members there of.
So I believe in fact, as to the law, it is illegal to be part of a street gang if you have certain knowledge and participate in any way that would help the gang.
And by the definition of a street gang member according to the law, if you don’t participate, you are not a gang member.
People are confusing what the law states as to what a “gang” member is, and what a “gang” crime is, with what the gang itself views as a gang crime, or who is a gang member. It’s two different things. It’s not at all a grey area. It may be confusing, it may be hard to prove or understand, but it it defined explicitly by both parties.
“some people have token membership” what the “f’ does that mean? Read what you posted, you either meet the requirements for a gang member or you don’t.
BAM!, Lawyered.