State Courts

Truck passenger convicted of unintentional murder in nightclub parking lot deaths

By Ron Sylvester

A man riding in a truck when it ran over and killed two people last summer is guilty of second-degree unintentional murder and voluntary manslaughter, a jury decided this afternoon.

The jury returned their verdict on lesser charges for Carlos Chavez-Aguilar, 22, who had gone on trial accused of second-degree intentional murder.

Second-degree unintentional murder is a reckless action taken with extreme disregard for human safety. Voluntary manslaughter is a sudden death occurring in the heat of passion.

Chavez-Aguilar is set for sentencing May 15 before Sedgwick County District Judge Joseph Bribiesca. Chavez-Aguilar’s lawyer, Brad Sylvester, said he plans to ask for a new trial, after raising objections to Bribiesca allowing gang testimony.

Police said a fight broke around 2 a.m. on Aug. 23 in the parking lot of the El Alacran Club at Harry and Seneca. An officer with the Wichita police gang unit testified that members of the Surenos 13, Vato Loco Boys and North Side Gangsters started the fight.

A pickup truck drove around the corner of the building and through the parking lot, killing Juan Martinez, 22, and Marilyn Arreola, 54. Carlos Chavez-Aguilar also was convicted of aggravated battery in the injury of a third person.

Rene Chavez-Aguilar, 20, charged with driving the truck, faces trial April 27.

(Note: Brad Sylvester and I are not related)

Full post as published by What the Judge Ate for Breakfast on March 31, 2009 (boomark / email).