Carmona Gets 12-Year Sentence

Sentencing is the point in our system where we’re supposed to feel good that justice has been done and a dangerous criminal has been taken off the streets.

I wish I felt that way about 17-year-old Arthur Carmona, a kid on his way to prison for 12 years. I wish I knew they got the right guy. I wish I felt the least bit safer.

Despite his lawyer’s recitation of all the evidence that didn’t connect Carmona to two armed robberies, and character witnesses who said nothing they’d ever seen in his personality matches that of an armed gunman, Carmona could not be saved from prison.

If my recent crusade on Carmona’s behalf has convinced me of anything, it’s that the truth is sometimes hard to come by. No one knows the truth in this case, except Carmona and the man who already confessed to being the getaway driver in one of the two robberies for which Carmona was convicted.

In the absence of absolute truth Thursday, we at least had Judge Everett Dickey, widely respected by the Orange County bar as a fair and fearless judge.

He presided over Carmona’s trial last year and made it clear early on Thursday that he wasn’t there to spare Carmona from the jury’s verdict.

Dickey acknowledged that he could have acted as the proverbial “13th juror” if he didn’t think the evidence warranted the conviction. He made it clear in the opening minutes of Thursday’s proceeding that he would not. He also made it clear he wouldn’t grant Carmona’s new attorneys a motion for a new trial on the grounds that his trial attorney had been incompetent.

Apparently convinced of Carmona’s guilt, all the judge could do for him was give the minimum sentence, which he did. He also assigned Carmona to the California Youth Authority facility until his 18th birthday next February.

Then, it’s off to state prison.

“We’re just tremendously disappointed,” Carmona attorney Mark Devore said after sentencing. “He [the judge] rejected us at every turn. He thinks Arthur Carmona is guilty. That’s evident by his statements. Between that and the conviction, there’s nothing more we can say. We just disagree with all 13 people regarding the evidence.”

Sometime in the days or weeks ahead, Devore will appeal the conviction.

Carmona’s mother, Ronnie, fears for her son.

“They’re creating a criminal,” she said. “You don’t put innocent people behind bars and expect them to come out and say, ‘OK, I did 12 years for something I didn’t do, but now I’m going to be a good citizen.’ ”

Dickey did not lecture or come down hard verbally on Carmona, but seemed intent on raising the specter of a gang affiliation for Carmona--an issue that never was raised during trial.

The judge, I hope, knows how multifaceted and complex the “gang card” can be with young Latinos.

The judge, in fact, raised the gang issue and took it away. In giving Carmona the light end of the sentence range, Dickey cited his lack of criminal record, his youth and the nice things many people had to say about him, including Carmona’s youth pastor and two teacher aides from the Santa Ana city jail, who testified Thursday in his behalf.

The aides, both young women, said this was the first time they’d ever testified as character witnesses for a pupil. Julie Bauer described Carmona as a “pleasant, caring, loving, young man” and said she doesn’t believe he committed the robberies.

On sentencing day, none of that matters.

Maybe Carmona himself realized that. When, as sentencing approached, Devore told his client he could say something if he wanted, Carmona sat silently for a few seconds and shook his head no.

In the last 16 months, he had not convinced police or prosecutors or jury or judge that he was innocent.

He no doubt sensed that no one really cared what he had to say.

Ronnie Carmona said later that her son wanted to speak but couldn’t. “He completely shut down,” she said. “He told me he wanted to tell the judge he was innocent. He couldn’t do that, so I know he shut down completely.”

When I began my series of columns on Carmona a month ago, I wrote that he deserved to be behind bars if he did the deeds.

All I wanted was some level of certainty that the evidence warranted sending a 17-year-old boy to state prison.

After interviewing a number of people--including police and prosecutors, witnesses, Carmona friends and assorted acquaintances--I’m less convinced than ever that it does.

But I’ll echo a sad lament first said to me several weeks ago by the private investigator hired by the Carmona defense team:

Now that the truth is that he’s going to prison, I hope he did the crimes.

The alternative makes my stomach turn.

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Dana Parsons’ column appears Wednesday, Friday and Sunday. Readers may reach Parsons by calling (714) 966-7821 or by writing to him at the Times Orange County Edition, 1375 Sunflower Ave., Costa Mesa, CA 92626, or by e-mail to dana.parsons@latimes.com