Another sentenced in Yuma Palms shooting death

  One of the four Yuma teenagers arrested by police earlier this year after an investigation into a fatal shooting at the Yuma Palms shopping center was sentenced Friday.

  Although probation was available under the terms of the plea agreement he had pleaded guilty to, Superior Court Judge John Paul Plante sentenced 17-year-old Benjamin Martinez to a year in prison with credit for 196 days previously served.

 "He was sentenced under a new statute," said Yuma County Attorney Jon Smith. "This statute, which is only about a year old, helps in the prosecution of gang activity."

  Under the terms of the plea agreement, Martinez, an Okie Town gang member, could have been sentenced to a prison term ranging from four months to two years, with the presumptive sentence being one year.

  He pleaded guilty on July 24 to one felony count of participating in a criminal street gang. According to court records, Martinez came to the mall in the same car with a fellow gang member to participate in the fight that eventually led to the shooting death.

  According to the initial YPD investigation, a fight broke out on Feb. 14 shortly before 8:30 p.m. at the Yuma Palms Regional Center in front of Harkins Theatres among several apparent gang members.

  The disturbance moved to the area behind Pac Sun, where 18-year-old David Duran was fatally shot.

  Duran made his way to the front of the business before succumbing to his wound. He was transported to YRMC, where he was pronounced dead of a single gunshot wound to the chest.

  Also arrested were Robin Rivera, 16, Martin Salazar, now 18, and Jesse Barroteran, 17.

  Rivera has pleaded guilty to one felony count of participating in a criminal street gang and is scheduled to be sentenced Thursday before Yuma County Superior Court Judge Mark Wayne Reeves.

  Under the terms of his plea agreement, Rivera could be sentenced to a prison term ranging from four months to two years, with the presumptive sentence being one year. Probation is also available.

  In return for Rivera's plea of guilty, charges of attempted participating in a criminal street gang and assisting a criminal street gang were dismissed.

  Salazar has also pleaded guilty to one felony count of participating in a criminal street gang. He is scheduled to be sentenced on Sept. 9, also before Reeves.

  Under the terms of his plea agreement, Salazar could be sentenced to a prison term ranging from three years to 12-1/2 years, with the presumptive sentence being five years.

  However, the plea agreement stipulates that he be sentenced to five years of intensive probation.

  Barroteran was sentenced late last month.

  In his plea agreement Rivera, an Okie Town gang member, admitted to going to the mall to take part in the fight after receiving a phone call from a fellow member of his gang.

  Salazar, a member of the Eastside Naked City street gang, was already at the mall at the time and became involved in the fight when it broke out.

  According to court records, Barroteran called other fellow Okie Town gang members to the shopping center the night of the shooting.

  Also arrested in connection to the shooting were Rafael Torres, 20, Victor Laguna, 18, Angel Torres, 17, Candy Corona, 16, and the alleged shooter, 16-year-old Jose Moreno, who has has been charged with second-degree murder, attempted second-degree murder, aggravated assault and participating in a criminal syndicate in connection with Duran's death.

  Their cases are still pending.

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James Gilbert can be reached at jgilbert@yumasun.com or 539-6854.