From Deseret News archives:
Man will serve year in jail for providing gun
Judge had originally ordered prison time
Agustin Cruz-Silva, 45, will spend the next 365 days in jail with credit for more than 200 days served, then be deported to Mexico.
Cruz-Silva pleaded no contest in March to providing a pistol to Sergio Ramos-Trujillo, 27, who allegedly killed his co-worker, Jorge Corona-Mora, in September at the LDS dairy farm in Elberta.
With the no-contest plea as well as guilty pleas to obstruction of justice and possession of a firearm by a restricted person, both third-degree felonies prosecutors agreed Cruz-Silva would avoid prison time.
However, at sentencing on April 24, Davis departed from the plea deal recommendation and imposed an indeterminate time in the state prison, a decision met with immediate frustration, evidenced by a motion filed soon after by defense attorney Paige Benjamin.
The judge explained that part of his hesitancy and reason for sentencing variation was due to a lack of information about the defendant's true identity.
"The reason the court departed from that recommendation was, frankly, the court still does not have a clue who this man is," Davis said Tuesday. "He's either Agustin Carmen-Cruz, Carmelo Cruz-Silva, Mario Padilla-Rodriguez, Carmen Silva, Jose Carmen-Silva, Jose Silva . . . or one of the any other long list of aliases he has used."
The man told the court the name on his birth certificate is Jose de Carmen Cruz-Silva.
The jury trial began Tuesday for Ramos-Trujillo and, as part of the plea deal, Cruz-Silva testified for the prosecution Tuesday morning.
E-mail: sisraelsen@desnews.com
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