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
EDITOR'S PICKS:
Outrageous! Is Schwarzenegger going to do anything for the victims family or the other individuals that did not land the deadly blow, oh I forgot their father is not the former Speaker of the House?
The Nunez family is corrupt criminal degenerates that disgustingly rationalize the loss of life because their son is involved!
Posted by: Hector Arroyo | January 03, 2011 at 05:57 PM
It's pretty scary to find out that if your son is out with some idiot who commits a crime, your son can be convicted of the same crime as the idiot. In every story published about this incident, Esteban Nunez did not stab the victim. There is no indication in any of the articles that Esteban Nuez knew anything about the knife that one of his companions was carrying. Doesn't anyone reading this story have a problem with the fact that now, in America we can be put in jail for 16 years, simply because we are with a person who suddenly and unexpectedly commits a crime? It seems that this country becomes a little less like America every day.
Posted by: skepticalsurfer | January 03, 2011 at 06:04 PM
Why should we be surprised by anything that this lame-ass, steroid-addled marionette of a governor might do as his last tragic act in office. Hasta la vista, Bozonator. No encores...please!
Posted by: Pablo Escobar | January 03, 2011 at 06:09 PM
Schwarznegger's competence(or lack thereof)really isn't the issue. If the Nunez guy really didn't do the stabbling(and hence the murder) then justice would demand he not receive the same sentence as the actual perpetrator did. This, however, should have been done at the time of the sentencing, not now where Schwarznegger's action seems so politically tainted.
Posted by: Onboard skeptic | January 03, 2011 at 06:09 PM
I think this was a good move by Republican Arnold Schwartzenegger. This will go far in showing that Republicans can help Hispanics and get the Hispanic vote in the next election. I'm telling you, its a brilliant move that will pay dividends with the Latino vote come next elections when more Republicans are swept into power. Great move.
Lisa Byers, USC '81
Posted by: Lisa Byers | January 03, 2011 at 06:10 PM
Doubt this pardon would have happened if the governor's son had been the murder victim.
Posted by: Deuce | January 03, 2011 at 06:11 PM
Esteban did stab the Santos boy. He stated himself that he got him in the shoulder. There is no way his sentence should have been reduced. I supported Arnold and would have supported him again if he ran for another office. No more, not ever. He is a dead man, as far as I'm concerned, in American politics. His buddy Fabian just cost him his career.
Posted by: Dee | January 03, 2011 at 06:21 PM
Generally speaking if one is present at a murder and did nothing to try to stop it,
both or all individuals will be tried for murder. The equal charge of murder is based on intent. Intent to participate or intent to try to prevent such action. The original sentence of Nunez was fair under the legal circumstances of what transpired.
Posted by: GeeWizz | January 03, 2011 at 06:32 PM
This is a sad day for justice. I never voted for the recall nor I have ever voted for Arnold; however, the man was elected and most likely the many people being critical of him here on this forum probably voted for him or the recall which set him up to be elected. Hope you are all happy now!
Posted by: ANDY | January 03, 2011 at 06:33 PM
Bonnie and Jan are part of the good ol' boy system, too, as are Gavin and Kamala, Nancy and Dianne and Barbara, and, shoot, just about anyone in power anywhere these days! You guys elected the B actor to be Governor, and I'll bet Bonnie and Jan voted for him, too.
Posted by: goodluckca | January 03, 2011 at 06:34 PM
Karma!
Posted by: eyeforaneye | January 03, 2011 at 06:38 PM
Daddy to the rescue. How sad is that
Posted by: teri | January 03, 2011 at 06:44 PM
Justice!?? So Mr. Governor, how will you explain this to the Santos family who lost their son of their a beloved family? And now by your actions you have trivializing of the sentencing of his murder! It is quite evident that a friend (helped his political crony’s son ) of this Governor can get-off regardless of the crime! What you have demonstrated to Mr. Nunez's son is that he can get away with taking another's live, if you have connections, just as he previously stated to his friends while been arrested, "my dad can fix it"!! Mr. Governor, Strong on Crime, you have violated your own oath of office and have brought disgrace on your office and your legacy! Shame on you!
Posted by: aperea | January 03, 2011 at 06:48 PM
The victims should file civil suit like Fred Goldman did in the OJ Simpson issue.
Posted by: Carol G. | January 03, 2011 at 06:55 PM
Can Arnold be sued for this? (Especially now that he is a "civilian").
That would be an interesting case to watch.
Posted by: Manuel | January 03, 2011 at 06:55 PM
I'm not surprised at all, why should anyone?? Politicians do favors for each other. Since when did Nunez and Arnold have this planned? I'm sure for a long time, I think since the little punk who can't fight little Nunez got sentenced. Come on people, this was planned since then. Arnold just included other pardons so there won't be much more controversy if Nunez was the only one. The justice system will never be equal no matter what anyone says. Do you think if it was just Hispanic this would have never of happened..
Posted by: Just | January 03, 2011 at 06:58 PM
The national media needs to take an interest in this in order to let the entire country know what Schwarzenegger has done here. This is far worse than any commutation made by Clinton when he left office and a few of those were disgusting as well. Arnold Schwarzenegger is a disgraceful and cowardly man. Fabian Nunez is just scum.
Posted by: Bart | January 03, 2011 at 07:14 PM
Didn't Daddy-O Nunez leave office in disgrace after all those expensive world-wide pleasure trips under the guise of official business? Then junior brags about his powerful pappy, but gets his due anyway. But wait! Add dumbbell Arnold into the mix and you have this travesty of justice. Disgusting.
Posted by: freeway | January 03, 2011 at 07:22 PM
"a decent and responsible young man".....wow, I guess the standard for decent young men has dramatically changed.
Posted by: Bart | January 03, 2011 at 07:24 PM
This is outageous. I am sick that the justice system could be trumped by a corrupt "Governor" in this way.
Arnold....please go away. Forever.
Posted by: Truthspitter | January 03, 2011 at 08:02 PM
Yuck, Arnold, we're not in Russia or Mexico where this type of political behavior is acceptable. For a former Mr. Universe, you've certainly shown that under all the muscles, you nothing but a very small man.
Posted by: MK | January 03, 2011 at 08:05 PM
This is an outrage. There are innocent people in CA prisons and Arnold wouldn't do anything about commuting their sentences, but he commuted the sentence of a gangbanger just because his father is in politics. This is an outrage. HEY ARNOLD, WHAT ABOUT THE OLDER SICK PRISONERS OR THE MENTALLY ILL PEOPLE YOU AND THE CDC HAVE LOCKED UP? What about them. If Nunez' sentence is commuted, then there are other sentences that deserve to be commuted also. THIS IS AN OUTRAGE AND A SLAP IN THE FACE OF ALL CALIFORNIANS.
Posted by: P. Burks | January 03, 2011 at 08:15 PM
"...a decent and responsible young man", who participated in MURDER!
Posted by: Born in East L.A. | January 03, 2011 at 08:19 PM
Political favors!
Nothing has changed, politics is crooked and they are all scum bags!
The SD DA did not even get a chance to provide info as the procedures state they should, Shwartznigga thinks he is king.
Posted by: Robert | January 03, 2011 at 08:30 PM
Lt. Gov Maldonado was surprised and gratified when Arnie nominated him. Arnie said he liked Abel because he was an immigrant. Maldonado may well be like Arnie if he is ever elected; that is, a RINO. Hard choices ahead for U S Senator or California Governer. Maybe, California should change its constitution so only native born can hold state offices, but look at Bush' track record. Arnie's decision to commute Nunez' sentence was a decision, wasn't it?
Posted by: byetheway77 | January 03, 2011 at 09:08 PM