“You shot him eight times. I hope your conscience will bother you the rest of your life.”
That’s what Nancy Diaz, the mother of a man who was shot to death in a South Bay motel room, tearfully told Luis Alexis Avila, 23, Tuesday before a judge sentenced him to six years in state prison for voluntary manslaughter.
Her son, Juan Miguel “Mikey” Diaz, 22, died May 28, 2016 after being shot repeatedly in the E-Z 8 Motel at 1010 Outer Road in the Palm City area. Attorneys said both Avila and Diaz were under the influence of alcohol and drugs at the time.
“No words can express how I feel right now,” said Diaz. “I don’t know why you killed Mikey. You had a decent job because of him.”
Diaz and Avila were “life-long friends,” said Deputy District Attorney Derek Grilz, who attributed the violence to a “drug and alcohol fueled altercation” by both of them. “It’s really sad,” he added.
Grilz confirmed that Avila “emptied a magazine” from the firearm that night. Both men were South Bay residents and attended Sweetwater High School in National City years ago.
Avila’s attorney, James Fitzpatrick, said afterwards his client rented the room and several other people were there at the time. He said a woman used her phone to take pictures of Diaz, who became “extremely intoxicated and spun out of control,” he said.
Fitzpatrick said Diaz pulled a knife, and talked about “wanting to die,” according to the video tape recorded by the woman. “He told the girls he wanted to kill himself,” said Fitzpatrick.
Fitzpatrick said Avila pulled a gun and fired repeatedly. Avila then waited outside the room for police. An ambulance took Diaz to a hospital where he died at 1 a.m., about four hours after the shooting.
Chula Vista Superior Court Judge Francis Devaney imposed six years, which was the agreed upon sentence by both Grilz and Fitzpatrick. A murder charge was dismissed Dec. 7 after Avila pleaded guilty to manslaughter.
Devaney imposed three years for manslaughter plus three years consecutively for using a gun in a homicide. Avila received credit for 239 days in jail and was ordered to pay $7,500 for his friend’s funeral and burial expenses.
Avila didn’t say anything in court. Devaney told him he would be on parole restrictions after his release and he could be returned to prison for any violations. He was fined $1,800.
Many members of Diaz’s family were present at the sentencing along with many members of Avila’s family. Avila had no prior record. Both attorneys said it was a fair resolution of the case considering all the factors.
