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San Diego County D.A. blasts Schwarzenegger's decision to reduce sentence of Fabian Nuñez's son

San Diego County District Atty. Bonnie Dumanis said Monday she was shocked to learn that then-Gov. Arnold Schwarzenegger had reduced the prison sentence of the son of former Assembly Speaker Fabian Nuñez.

The decision "greatly diminishes justice for victim Luis Santos and re-victimizes his family and friends," Dumanis said in a prepared statement. "The district attorney's office was not consulted, and the decision comes as the appeals process was continuing."

San Diego City Atty. Jan Goldsmith also denounced the decision. Goldsmith accused the governor of reducing the sentence of Esteban Nuñez from 16 years to seven years to “help his political crony’s son.”

“In doing so,” said Goldsmith, like Dumanis a former Superior Court judge, “he undermined the judicial system and has jeopardized public safety .... I speak for the overwhelming majority of San Diegans in stating that we are appalled and angry.”

Esteban Nuñez was sentenced after pleading guilty to manslaughter and assault with a deadly weapon in the stabbing death of Santos, a college student, during a late-night street brawl near San Diego State in October 2008.

Sunday night, Schwarzenegger announced his decision, along with other judicial moves to reduce criminal sentences.

Santos' father, Fred Santos, a software engineer in Northern California, said the family is outraged at the sentence reduction and that Esteban Nuñez had already received favorable treatment when he was allowed to plead guilty to lesser charges rather than stand trial for murder, which could have led to a life sentence.

Like Dumanis, Fred Santos said he had no warning that the decision was imminent or even under discussion at the governor's office. "We're just little people," he said. "I guess we don't count."

Charles Sevilla, the San Diego attorney who prepared the commutation request for Esteban Nuñez, said he is “surprised and gratified” that it was accepted by the governor.

“Getting a commutation ruling is like a bolt of lightning striking,” he said. “They are few and far between.”

The request was filed Dec. 2, Sevilla said.

The request, Sevilla said, used the same arguments that Nuñez’s trial attorney, Bradley Patton, used at sentencing and were also the basis of a sentencing appeal, now rendered moot by the governor’s decision: that the sentencing was overly harsh given Esteban Nuñez’s lack of a record and his limited role in the fatal brawl that followed a night of partying and drinking.

Sevilla said his role was limited to filling out the paperwork -- “sort of a fill in the blanks." He said he was never quizzed by the governor or his staff, never asked to be part of an oral presentation and never asked for additional documentation.

The argument, Sevilla said, was based on the fact that Esteban Nuñez and Ryan Jett had both pleaded guilty to manslaughter and assault with a deadly weapon although Nuñez had no criminal record and no evidence showed that he had stabbed Santos, whereas Jett had two previous convictions, was on felony probation and was shown to have fatally stabbed Santos.

Sevilla said he also mentioned in the paperwork that the San Diego County Superior Court judge had suggested he would give Nuñez a lesser sentence (probably seven to 11 years) than Jett. When both were instead sentenced to 16 years, the maximum, Nuñez’s father had an angry outburst in court.

Like Patton, Sevilla said he believes Esteban Nuñez, who was 19 at the time of the incident, received the same sentence as Jett because the judge did not want to be criticized as allegedly giving preference to the son of a politically powerful father.

“People think he benefited from his father’s status,” Sevilla said. “I think he suffered from it. The criminal justice system, and the media in its coverage, bent over backward to make sure he got no benefit. This became the ‘Nuñez case.’ I think the system became zealous in its effort not to show favoritism.”

Any other defendant in similar circumstances as Esteban Nuñez, Sevilla said, would have gotten a sentencing like that imposed by the governor, not the maximum sentence handed out by the judge.

Esteban Nuñez is currently at Mule Creek State Prison, located in Ione, east of Sacramento.

The issue of political influence and special treatment has been part of the case from the beginning _ to the dismay of defense attorneys.

In announcing the arrest of Nunez and three others for the slaying, San Diego police said Nunez received no special attention. Later the district attorney filed court documents saying that Nunez had bragged to his friends that even if they were charged, his father could get them off with a self-defense plea.

And when the judge set bail at $2 million, some 70 individuals from the worlds of governments, politics and labor relations sent letters attesting to the good character of the Nunez family and Esteban. Los Angeles Mayor Antonio Villaraigosa, in his letter, called young Nunez “a decent and responsible young man.”

Bail was reduced to $1 million and Esteban Nunez was allowed to remain free until the trial.

 

RELATED:

Father 'outraged' Schwarzenegger reduced sentence of Esteban Nuñez

Judge turns down Esteban Nuñez's request for reduction of sentence in slaying case

Son of Fabian Nunez, convicted in San Diego slaying, seeks reduction in prison sentence

-- Tony Perry in San Diego

Photo: Former California Assembly Speaker Fabian Nunez, right, and his son Esteban Nunez, left, leave a hearing in Superior Court in San Diego in March 2009. Credit: Denis Poroy / Associated Press

 
Comments () | Archives (87)

The "good ol boy" network is alive and well in Californian politics...

The taking of a life is cheap if you're connected...

Isn't America GREATTTT....

hey, he didn't stab the guy. at least THE REAL MURDERER is locked

Can't this be appealed? I don't know too much about the court system

Sevilla is spinning this story to benefit a murder. They took a young man's life. I voted against the Davis recall, and never voted for Schwarzenegger as he is been a fraud since he tried to be a politican. I can only hope Schwarzenegger feels the same pain as the Santo's family. Again, money and power prevent justice from prevailing.

Estaban said his dad "will take care of everything"....guess Daddy did.....

Arnold stepped over a boundary here. He has done damage to the fairness of the judicial system. There is not just the suggestion of quid pro quo, its is there in spades.

Face it. It diminishes life a bit for all human.

Lame ducks do lame things.

D.A. GET OVER IT!!!!!!

When a police officer is killed, and you are there you get the same time as your friend who did the killing. All should be servicing life or gotten a death sentence.

Villarbozo: Nunez “a decent and responsible young man.”
“A decent and responsible young man” would not go out a look for a fight because he got kicked out of a party.

"Nuñez had no criminal record." He either never got caught before, or he used his dad's influence.

What a waste of organic material.

If Jett was allowed to deal for sixteen and the evidence determined he had the greater role in the crime; then the judge should not have treated E. Nunez more harshly because F. Nunez was his father. Nothing can bring back Luis Santos to his family, punishing E. Nunez equally to the main perpetator Jett is not justice, if the S.D. prosecutors are so righteous why did they deal this case to manslaughter in the first place? Still E. Nunez is greatly in the wrong and should have to do his time. Much sympathy to the Santos family.

Schwarzenegger is disgusting. He should be ashamed of himself. Being a political hack is one thing—letting a murderer out of prison early is evil, especially for the purpose of political gain.

Where is the outrage from the DA office when you send innocent people to prison, you (DA) are corrupt to the core.

You are the one who have lost creditability.

What shameful back-room politics. There should be, but I don't believe there is, a consequence to Arnie's abuse of power. Even Sevilla, the appeals attorney is trying to minimize his role in the commutation. Nunez' boast that "his father could get them off" is a clear indicator of his lack of remorse. Again, simply shameful.

sick. welcome to the reconquista.

Outrageous!

Whats new wealthy politically connected people can get away with murder ,
literally we are all adults we know this is the norm.

Precisely why an actor should never be elected to public office. They may be qualified to act, but they have no idea about the law or the judicial system.

California corruption at its best! It was graft and corruption that had the charge of murder reduced to manslaughter against gangbanger Nunez- done with the full assistance and blessing of the San Diego County District Attorney's Office. Now District Attorney Dumanis says she is shocked and dismayed that the cowardly out going Governor and good friend of gangbanger Nunez's father has commuted the already ridiculously short sentence. This charade of gross injustice involved a cast of characters in state and local government with good old Arnie leading the charge against the Santos family. This is absolutely disgusting to say the least. Like gangbanger Nunez yelled to his fellow banger Jett before he plunged the knife in Santos' heart, "Let's show 'em how we do it in Sac-Town!" Now we've been shown not once, but twice.

Any way we can toss Arnold into jail and throw away the key? Schwarzenegger is white trash with money.

I was equally as shocked. It shouldn't have been reduced. it's an outrage!!!

Is anyone surprised by this?

It is the way of the world. Certainly, historically, it is the way of America. There are many, many examples of the guilty being treated differently based on their last names or income levels.

i can see he didn't do the worst of the acts that day. but i do have a question. why the heck was he hanging out with convicted felons as his friends??

Glad to see a Republican made this decision. I guess we can all finally retire the myth that Republicans are tough on crime.

Oh by the way, all you conservatives that are going to suggest that he is not one of you forget when conservative Oren Hatch wanted to change the Constitution so Arnold could become president. You all are a joke!!! Glad we did not elect any of you in the last election.

 
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