Judge tosses plea bargain in Elberta slaying

PROVO — A judge stunned a prosecutor and angered the defense attorney Monday when he tossed aside a plea deal the attorneys negotiated for a man whose gun was used in a slaying in Elberta last year.

Instead of a single year in jail — with most of the time already served awaiting trial — 4th District Judge Lynn Davis sentenced Augustin Cruz-Silva to serve up to five years in the Utah State Prison for his role in the death of Jorge Corona.

"Whenever and wherever criminal activity results in a death, this court traditionally and as a matter of judicial philosophy has imposed the maximum penalty possible," Davis said.

Cruz-Silva had agreed to testify against Sergio Ramos-Trujillo, who is charged with killing Corona by shooting him with Cruz-Silva's handgun three times on Sept. 16.

Cruz-Silva's attorney, Paige Benjamin, interrupted Davis during the sentencing to request that Cruz-Silva be permitted to withdraw his guilty pleas.

Davis said Benjamin must file a written motion.

Utah law allows a defense attorney, before the defendant enters a guilty plea, to seek a commitment from the judge that he will follow the sentencing recommendation in a plea agreement.

Benjamin told Davis he believed the judge made such a commitment on March 22 when Cruz-Silva pleaded guilty to obstruction of justice and illegal possession of a handgun and no contest to negligent homicide.

"I trusted in the court system and my client trusted in the courts," Benjamin said. "I don't think justice was done today. I think he was stabbed in the back."

Later Monday, Benjamin reviewed a recording of the hearing where he believed Davis agreed to follow the plea deal.

"I listened to it and the judge specifically said that he in all likelihood would adopt the recommendation as long as the defendant was not on probation or had not been convicted of murder previously," Benjamin told the Deseret Morning News. "He said if he did deviate from the recommendation, that could be a basis to withdraw the guilty plea."

Benjamin planned to file a motion to withdraw the pleas this week.

The arrangement by Deputy Utah County Attorney Randy Kennard and Benjamin included Cruz-Silva's pleas, a sentence of 365 days in the Utah County Jail with credit for 217 days already served and immediate deportation after the sentence was served — Cruz-Silva is an undocumented immigrant.

Cruz-Silva agreed to testify against Ramos-Trujillo.