Teen gang members sentenced in drive-by killing

It took a Sutter County judge just 20 minutes Friday to hand down what could turn out to be life sentences for three gang members convicted in a fatal car-to-car shooting in Yuba City.

Jorge Luis Lopez and brothers Armando and David Rojo pleaded no contest earlier to voluntary manslaughter in the death of 15-year-old Francisco Prior on Labor Day 2008. Their sentences ranged from 32 years to 46 years.

The case was marked by the apparent callousness of the defendants — and their return the same day to the scene of the crime near Highway 99 and Bridge Street to pick up a pizza they had ordered.

Deputy District Attorney Chris Carlos told the three Norteños gang members that any felony they commit in prison will count as a third strike, meaning an automatic life sentence.

"It's really sad that teens will kill each other with the idea that they're archenemies," Carlos said after the hearing.

Prior allegedly was a member of the rival Sureños gang.

At the time of the shooting, Lopez was 19, Armando Rojo was 18 and David Rojo was 15.

None of the three showed any emotion as Judge Chris Chandler pronounced their sentences.

Lopez, described by Carlos as the ringleader in the shooting, will serve 46 years, eight months. He and David Rojo both fired handguns at Prior, who was a passenger in a van on Bridge Street. Rojo received 36 years, four months.

Lopez and David Rojo also pleaded no contest to the attempted murder of two other people in the van, neither of whom was hit.

Armando Rojo drove the car from which the shots were fired and was sentenced to 32 years.

Fearing a jury would sentence him to life without the possibility of parole, Armando Rojo decided to plead no contest to the voluntary manslaughter charge, said his attorney, Roberto Marquez.

But the 32-year sentence could turn into life if Rojo is convicted of another felony in prison, Marquez said.

"It was his decision, and I understand why he did it," he said.

"I'm not sure my client deserved the sentence he got. He was just the driver. And there was no evidence to show he was the instigator," Marquez said. "He was in the wrong place at the wrong time."

None of the defendants' relatives attended the sentencing, the time of which was changed twice on Friday. Chandler said the changes were made for the convenience of the attorneys and because one judge was absent Friday.

Marquez said he believed the relatives were aware of the changes but chose not to attend in order to "alleviate the trauma" of seeing their sons and brothers sentenced.

Prior's relatives were notified of the change and his mother, father and sister came to the 1:30 p.m. hearing. None made statements in court and all declined comment through an interpreter afterward.

"It's sad all around," Marquez said afterward. "A 15-year-old lost his life and all three defendants' threw their lives away."

The judge ordered the defendants to jointly pay the Prior family a total of $12,604 restitution. Each was also fined $10,000, with the money to be taken from their prison wages.

Contact Appeal-Democrat reporter Rob Young at 749-4710 or ryoung@appealdemocrat.com.