Martin Antonio Cruz was sentenced to one to 15 years in prison after pleading guilty to second-degree felony manslaughter in the 2016 death of 16-year-old Paris Gustin. Third District Judge Elizabeth Hruby-Mills credited Cruz with more than nine years already spent in jail, according to KSL.com.
Plea agreement and case status
Under the plea agreement, prosecutors reduced Cruz's principal charge from first-degree felony murder to manslaughter and dismissed three firearm counts. His attorney, Samuel Hanseen, asked the judge to limit the sentence to time served, citing Cruz's roughly nine and a half years in custody. Hanseen also said Cruz would be deported after the case concludes, KSL.com reported.
Brad Cooley of the Salt Lake County Attorney's Office said Cruz's agreement depended on his cooperation in efforts to bring Fortunato Nato Villagrana back from the country where he had fled, according to KSL.com. Cruz was willing to testify against Villagrana at a July preliminary hearing. Villagrana is scheduled for a jury trial early next year.
Cruz's preliminary hearing took place in November 2017, and he waived his right to a speedy trial in 2018, according to KSL.com. He entered the guilty plea on Aug. 3.
Utah sentencing range
According to Utah Courts, a second-degree felony carries a possible prison term of one to 15 years and a fine of up to $10,000. An indeterminate sentence expressed as one to 15 years sets a minimum and maximum range rather than a single fixed term; the Utah Courts guidance cited here does not specify how much of that range Cruz will serve.
2016 shooting
The case began on July 5, 2016, when Gustin and two other teenagers were driving around Salt Lake City's Rose Park neighborhood and throwing eggs at vehicles. An egg thrown through an open window struck Villagrana in the ear, according to charging-document details reported by The Salt Lake Tribune.
The Tribune reported that Villagrana went home for an AK-47-style weapon before returning in a car with Cruz. Police accounts described Cruz as the driver and Villagrana as the passenger when shots were fired at the teenagers' vehicle near 600 North and 1000 West. Gustin was wounded in the head and back and was pronounced dead, the newspaper reported.
Cruz and Villagrana were charged in February 2017 with first-degree felony murder and firearm offenses. Cruz later pleaded guilty to manslaughter, while the firearm counts against him were dismissed under the agreement, according to KSL.com.
Family response
At sentencing, Gustin's mother, Ashley Gustin, said Cruz showed no emotion or remorse and questioned whether her son had been the teenager who threw the egg. She also said Cruz's cooperation appeared motivated by the prospect of a reduced sentence, KSL.com reported.
Gustin's father, Michael Begay, told the judge that his son would not return and said he hoped Cruz would do something positive with the rest of his life. Gustin's aunt, Shante McArthur, said the family would continue to live with the loss, according to KSL.com.
