Man Sentenced to 4 Years in Prison for Accidental Shooting of Nephew

In a warning that the courts will deal sternly with people who violate gun laws, Orange County Superior Court Judge Jean Rheinheimer Friday sentenced a Mexican national to four years in prison in the accidental shooting death of his 5-year-old nephew at a birthday party.

After hearing an impassioned plea by the victim’s parents that the defendant be given the longest jail term possible, Rheinheimer rejected the possibility of parole and ruled that Moises Magana Arias, 19, will be jailed for four years in the state prison.

“Perhaps this will send a message� to those who possess weapons, the judge said. “This is an extremely tragic case.�

Magana, a native of Mexico who entered this country illegally three years ago, was convicted of involuntary manslaughter last month in the Oct. 18, 1986, shooting death of his young nephew, Alejandro Chavez Magana.

Three Rounds Fired

The boy was killed when the defendant, who had been drinking heavily, fired three rounds from a .38-caliber pistol at a birthday party for his uncle at an apartment complex in Santa Ana. Magana testified that the youth had walked in front of his line of fire and that his death had been a tragic accident.

During the trial, the boy’s father testified that his son had cried out, “Papi, I’ve been shot!� before dying from loss of blood. He had been wounded once and died in a hospital.

Witnesses said Magana had been drinking from a punch bowl filled with tequila and corn liquor shortly before the shooting. William Kelley, the defendant’s lawyer, said Magana became distraught on hearing a song reminding him of his home in rural Mexico and pulled the pistol and fired into the ground.

The victim’s parents, Santiago Magana and Griselda Magana Chavez, told the court through an interpreter Friday that they wanted their cousin to receive the harshest sentence possible.

“I just want to say that I wish he would pay for the life of my son,� the mother said. “I miss my son very much. . . . I have his pictures, everything that all his teachers gave me.�

‘Want the Maximum’

“I just want the maximum sentence,� the boy’s father added. “He says he is sorry, but I don’t believe it.�

While the parents testified, the defendant sat beside his attorney with his head bowed. A translator whispered the English translations.

When the sentence was handed down, Magana showed no visible emotion. But after the hearing, Santiago Magana said he felt his cousin had been let off too lightly.

“Is this justice?� he asked a reporter. “He killed my son, and he should be punished.�

The victim’s father said they took the pistol away from Magana once, warned him that it was dangerous and put it inside the house in a drawer. Magana, the father added, went inside and retrieved the weapon shortly before firing it outside, where Alejandro and some other children were playing tag.

“He knew better, we had warned him,� Santiago Magana said. “They say he was drunk, but I don’t believe it. He should have to pay for what he has done.�

Seven-Hour Party

During the seven-hour party, which was being held to honor the birthday of Santiago Magana’s brother, the defendant drank liberally from the tequila and corn liquor in the punch bowl. When tested after his arrest, Magana’s blood-alcohol level was almost twice the legal limit for driving in California, which is .10.

Magana was originally charged with second-degree murder, which carries a maximum sentence of 17 years in prison, but was convicted only of involuntary manslaughter, which has a maximum term of four years.

The judge gave Magana two years on the manslaughter conviction, plus two years for possessing a weapon during the commission of a crime.

Citing the youth of the defendant and the remorse he has shown, Rheinheimer said that Magana could serve his time in the youth section of the state prison and would not have to be jailed with the general population.