Man Who Shot at Officers Given 5 Years

Ending a case that had provoked police outrage over a proposed plea bargain, a gang member accused of shooting at two Los Angeles police officers was sentenced Thursday to state prison.

Wrapping up a new plea bargain, Superior Court Judge Michael A. Tynan sentenced Gilberto Romero, 18, to five years in prison. Romero had pleaded guilty to a sole count of assault.

A first plea bargain proposed two months ago would have allowed Romero, who had no prior criminal record, to avoid prison. Instead, he would have served nine months in County Jail.

That deal infuriated beat cops and senior LAPD officials alike. They complained that shooting in the direction of police officers ought to mean significant time in state custody.

All sides said Thursday that the new deal was agreeable.

“This is acceptable to everybody,” said Deputy Dist. Atty. Barbara Turner, who added that she had discussed the five-year deal with police before it was finalized.

LAPD spokesman Cmdr. Tim McBride said: “Certainly one of the most critical areas to reduce this violence against citizens and police officers is for [offenders] to receive the strongest of prosecutions and sentencings.

“In this particular case, we’re pleased that has occurred.”

Even defense attorney Brady Sullivan, a deputy public defender, was satisfied. At Sullivan’s request, Tynan ordered that Romero serve his time in a California Youth Authority facility. The judge sent him off by saying, “Good luck.”

State law gives judges such power in cases involving youthful offenders. Youth Authority facilities are widely believed to offer a better chance at rehabilitation than the state’s 32 prisons.

“I think this was the best disposition I could get for my client given the prosecution’s attitude about the case,” Sullivan said.

According to a probation report made public Thursday, Romero has belonged to the Dogtown gang since 1990. Born in Mexico, he hasn’t seen his father since he was 4. He dropped out of school after the ninth grade and worked occasionally as a construction laborer.

He was arrested April 26 after shots whizzed by Officers Andy Aguayo and Raul Pedroza, who work a special gang detail in northeast Los Angeles.

Police later said that Romero pulled a .22-caliber pistol from his pocket or waistband, flashed it to a girl and fired six shots in the direction of the officers--whose backs were turned at the time.

Prosecutors charged Romero with two counts of using a firearm to assault a police officer.

According to the probation report, Romero admitted firing two or three rounds but said he was aiming at rival gang members, not at the officers.

That might suffice to prove the more general charge of assault with a deadly weapon--but not show the intent to assault a police officer.

The case also involved the testimony of a youthful--and reluctant--witness.

Taking into account those potential problems in proving the case, prosecutors offered the first plea bargain and the nine-month jail term.

The deal came to light in mid-May. On May 28, Tynan set it aside, noting an unfavorable probation report. That report--the one made public Thursday--had urged a stretch in state prison.

Under the new deal, Romero pleaded guilty July 11 to one count of assault with a deadly weapon. He admitted he used a gun.

At the sentencing hearing, Tynan imposed a two-year term for the assault and a three-year term for use of the gun. He ordered the terms to run consecutively.