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“I guess if you’re the son of somebody important you can kill someone and get all sorts of breaks.” – Fred Santos, father of slain student
December 3, 2010 (San Diego) –Hours before leaving office, Governor Arnold Schwarzenegger commuted the sentence of Esteban Nuñez, son of former California Assembly Speaker Fabian Nuñez. Esteban Nuñez had pled guilty to voluntary manslaughter in the fatal stabbing of Louis Don Santos, 22, during a fight near san Diego State University on October 4, 2008.
San Diego City Attorney Jan Goldsmith called Nuñez a “criminal who was sentenced by an experienced and well-respected Superior Court Judge.” In a sharply worded criticism, Goldsmith accused Schwarzenegger of reducing the sentence from 16 years to 7 years “to help his political crony’s son. In doing so, 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 over Mr. Schwarzenegger’s conduct.”
The brawl occurred after Nuñez and three friends were kicked out of a party at a fraternity house near SDSU. Prosecutors have said the four men roamed the SDSU campus “looking for trouble”, then challenged Santos and his friends to a fight near Peterson Gym. Santos, a student at Mesa College, was killed; three others were injured.
According to testimony presented at trial, the fatal blow to Santos was delivered by Ryan Jett, 44. Nuñez admitted to stabbing another man in the stomach, however. Although defense lawyers argued that their clients were not the aggressors and acted in self defense, prosecutors said Santos was not armed. After the brawl then men drove north to the Sacramento River, where according to a witness, Nuñez helped destroy evidence including clothing and what appeared to be a knife. The evidence was doused with gasoline and burned.
The victim’s father, Frank Santos, expressed outrage at the Governor’s action. “Arnold Scharzenegger knows this was wrong. That’s why he waited until the last minute to try to sneak it by,” Santos told the Contra Costa Times at his home in Concord. “The Governor did not even have the courtesy to notify the victim’s family. This is dirty politics, cutting backroom deals. I guess if you’re the son of somebody important, you can kill someone and get all sorts of breaks.”
Fabian Nunez, a Democrat, served as Assembly speaker from 2004 to 2008. He is also a business partner of the Republican Governor's top political adviser at Mercury Public Affairs, a consulting firm, the Los Angeles Times reported.
The four men were originally charged with murder, but the charge was reduced to voluntary manslaughter as part of a plea bargain, with Nuñez pleading guilty. Had the charge been murder, he could have faced life in prison. Jett and Nuñez were both sentenced to 16 years, the maximum possible term. Prosecutors also alleged gang ties.
Two co-defendants, Rafael Garcia and Leshanor Thomas, also were found guilty on lesser charges. Thomas was convicted of assault with a deadly weapon and conspiracy to commit assault with a deadly weapon and faces up to 4 years, 8 months in prison, while Garcia was sentenced to three years for conspiracy to destroy evidence.
Brad Patton, an attorney for the defendant, said he is "reatly relieved," 10 News reported. "I walked out of the sentencing for Esteban Nunez devastated at the result that came out of that. I felt responsible and did not feel it was fair."
The outgoing Governor also commuted prison sentences of two other convicted criminals: Sara Kruzan, who killed her pimp when she was 16 years old, and Albert Torres, who killed his niece’s boyfriend following a drunken argument. Kruzan had faced life without parole, but will now serve 25 years to life in prison. Torres had his sentence reduced to 10 years, from 25 years to life. He has claimed he shot at the victim’s vehicle because he believed the driver intended to run him over
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