Sentencing delayed for one of two men who broke into Yuma home
The judge presiding over the case a man who allegedly broke into a Yuma home only to be chased away by the homeowner has scheduled a mitigation hearing for later this month.
Jesus Arbizo, 28, was scheduled to be sentenced in Yuma County Superior Court Tuesday morning, but when Superior Court Judge Maria Elena Cruz stated she intended to impose a prison sentence, his attorney, Kelly Smith, requested the hearing.
Cruz, in adressing Arbizo and Smith, explained the court had received and reviewed a pre-sentence report prepared in the case and that she did not intend to follow its recommendation of sentencing him to 36 months of supervised probation.
She said she planned on following a stipulation contained in the plea agreement Arbizo pleaded guilty to that requires he be sentenced to a year in prison. Her reasons for doing so, she said, were due to his criminal history, the nature of the offense and that he was on unsupervised probation when he committed this crime.
During an aggravation and mitigation hearing, the defense has an opportunity to present evidence as to the existence of factors that could lead to the sentence being reduced. A prosecutor also gets to present evidence as to why the sentence shouldn't be reduced or even be more severe.
The mitigation hearing is scheduled for July 30 at 1:30 p.m., with sentencing scheduled to follow afterward. Arbizo pleaded guilty to one count of criminal trespass in a plea agreement last month.
According to the Yuma County Sheriff's Office, Arbizo and another suspect, Rigoberto Quiroga, allegedly forced their way into a home on the 2300 block of East 15th Street at about 3:18 a.m. on Jan. 20.
The resident of the home encountered the two men, who had reportedly broken in through a window, and they ran out the front door. The resident followed, armed with a gun, and fired several warning shots into the ground as the two fled.
Deputies later found the two suspects hiding outside of a nearby apartment complex and took them into custody. Quiroga has a court date later this month and has not been sentenced yet.