Rocha sentenced to 31 years for murder
Herald file photo
Defense attorney appeals case
EPHRATA - A Moses Lake delivery driver was sentenced to 31 years in prison on Monday one month after a jury found him guilty of first-degree murder.
Also on Monday, a defense attorney for Epanlito "Paul" Rocha, handed paperwork appealing the case to Grant County Superior Court Judge Kenneth Jorgensen. Rocha, 43, was previously charged for first-degree murder in the 2006 death of Michael Reyes, 28, of Moses Lake.
After the sentencing, defense attorney Robert Schiffner asked Jorgensen if he would refer anyone to the prosecutor's office for perjury charges. Schiffner added he would take care of the matter.
Schiffner previously asked the case be declared a mistrial after a juror learned her son may have heard gunshots from the incident while attending a nearby party. Juror Colleen Hill was excused from the case and replaced by another juror. The other jury remained intact and the trial was not stopped.
The father and grandmother for fork-lift driver Reyes gave statements to the court on Monday about the effects of losing their son and grandson. Taped comments from Reyes' mother was played for the court.
Schiffner claimed Rocha acted in self-defense when he shot Reyes with a .22 caliber handgun during a confrontation involving Reyes and a third person only known as "Little Man."
"Little Man" reportedly asked Rocha for protection because he owed Reyes money, earlier court testimony indicated.
Jorgensen said the jury believed Rocha walked out of his home angry and shot an unarmed Reyes.
But Jorgensen also said it burdens the state to hold Rocha during the length of a high end sentence at his age, but the situation merits the sentence.
Jorgensen said the standard range for someone with a prior record such as Rocha's is between 321 months to 407 months - roughly 26 years to 34 years.
Jorgensen also formally denied Schiffner's motion for a new trial.
Ed Owens of the Grant County Prosecutor's Office said the facts of the case showed the killing wasn't anything but deliberate and asked that Rocha be given a high-end sentence. There was no evidence the shooting was self-defense, Owens added.
Owens also said Rocha meant to kill Reyes and Rocha got his family involved with hiding the gun.
Owens said Rocha gave three different stories about what happened and Rocha couldn't remember anything during the trial.
Schiffner said he's never seen anyone show as much remorse as Rocha did and asked for the low end of the sentencing range.
Schiffner also said Rocha had problems remembering what happened because the situation was traumatic.
While he was addressing the court, Schiffner got upset at Prosecutor John Knodell for talking to another attorney.
Owens said he objected because Schiffner was "acting out." Knodell apologized for talking during Schiffner's comments.
Schiffner said the side conversation interrupted his train of thought.
He said Rocha's first statement to police was that he acted in self-defense.
Schiffner also said Rocha apologized to Reyes' grandmother through messages and that Rocha said he wished he could trade places with Reyes.
Schiffner said he disagreed with opening statements made during the trial he believed violated motions and limiting.
He also objected to other issues raised during the trial, including information about stolen guns being allowed to come out during the trial and details about Reyes reportedly having drugs in his system were not allowed to be disclosed.
When Rocha was allowed to speak to the courtroom, he said "I'm sorry about what happened and God rest his (Reyes') soul."
Reyes' father, Michael Reyes Sr. said his son "was a caring soul who would help anyone and ask for nothing in return."
Reyes Jr. was starting a new family and was the "happiest" his father had ever seen him.
Reyes Sr. told Rocha he forgave him but would never forget what Rocha took from him and his grandmother.
A taped statement was played of comments from Reyes' mother, Marilyn Wilson, who asked Jorgensen to give Rocha as much time as he could.
Wilson said the situation wasn't fair to Reyes' family or friends.
She also said her son was her life and every day, she prayed for her grandchildren.
She hasn't been to court because she couldn't bear the thought of looking at Rocha, she said.
"(But) We do pray for Mr. Rocha," Wilson said.
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