Apparent Revenge Killing : Man Gets 17 Years to Life for Killing Teen

A Sylmar man who pleaded no contest to killing a San Fernando teen-ager in an apparent retaliation for the murder of another young man was sentenced Thursday to 17 years to life in state prison.

Gary Sarmiento, 20, tearfully apologized for shooting Leopoldo Diaz Jr., 16, on Nov. 17, 1984, in what prosecutors said was a random revenge attack for the kidnaping and slaying of Ruben Cruz, 18.

Cruz, who police said was not affiliated with a gang at the time of his death, was kidnaped Nov. 1, 1984, as he stood in front of an all-night market in Pacoima. His body was found in a canyon near Newhall a month later.

San Fernando Superior Court Judge John H. Major recommended that Sarmiento, who pleaded no contest Dec. 5 to second-degree murder, be allowed to spend the first part of his term in custody of the California Youth Authority.

‘I Just Apologize’

“I’m willing to accept the consequences,” Sarmiento said before he was sentenced, sobbing repeatedly as he spoke. “I just apologize. I know that’s probably not enough because a life was taken, but it’s the truth.”

In an emotional end to the hearing, Major granted Sarmiento’s request to hug his mother before he was led away to a holding cell.

Two men who were with Sarmiento at the time of the shooting, Rene Ledesma and Gilbert Cole, have pleaded guilty in the case. Ledesma, who pleaded guilty to second-degree murder, is scheduled to be sentenced Jan. 10. Cole pleaded guilty to manslaughter and was sentenced to six years in state prison.

Didn’t Know Diaz

According to a probation report, the three men decided to “do a pay-back” when Cruz’s brother told them he believed Cruz had been killed and asked them if they “were going to do anything about it.”

Sarmiento saw Diaz, whom he did not know, walking along a San Fernando street with a 14-year-old friend and fired a single shot at them, killing Diaz, the report said.

Sarmiento told the probation officer that he thought he had missed the pair and turned himself in when he heard police were looking for him.