Plea deal offered in Sundberg murder

EPHRATA — Prosecutors offered a plea deal to one of three suspects in the murder of Jill Sundberg in exchange for the man’s testimony against his co-defendants in the case and his testimony in a murder case that occurred two weeks before the Sundberg homicide near Royal City.

The plea deal offered by the state to 27-year-old Julio Ceasar Albarran Varona involves the defendant entering a guilty plea to second-degree murder in connection with the December 2016 slaying of Quincy resident Jill Sundberg, with an agreed sentencing recommendation of 220 months, a little over 18 years, in prison. Albarran Varona would be required to testify against all co-defendants in the Sundberg case, as well as the defendants who are currently charged in the Royal City murder. He would also be required to fully cooperate with investigators and submit to interview requests.

In the Sundberg case Albarran Varona is currently charged with first-degree murder, with aggravating circumstances of armed with a firearm, acting with deliberate cruelty, drive-by shooting and kidnapping, and, in the lesser, second-degree murder. Sundberg’s body was recovered Dec. 22, 2016 off of the Old Vantage Highway near George. Sundberg and 40-year-old Gustavo Tapia Rodriguez, the alleged shooter, were involved in some sort of an argument before her death and she was kidnapped and forced into an SUV.

After driving to the remote location Tapia Rodriguez allegedly shot Sundberg more than a dozen times. Albarran Varona, a man named Ambrosia Mendez Villanueva and two material witnesses, 25-year-old Fernando Marcos Gutierrez and 26-year-old Salvador Espinoza Gomez, were present at the homicide as well.

Marcos Gutierrez was the first to come forward and explain what happened to Sundberg and in return police gathered statements from Espinoza Gomez and Mendez Villanueva, which allowed the state to charge Tapia Rodriguez, Albarran Varona and Mendez Villanueva with murder. Albarran Varona later came forward and described both of the homicides as well. Mendez Villanueva was previously sentenced to a little over 18 years in the case, while Tapia Rodriguez remains jailed in lieu of $1 million bail.

The Royal City homicide occurred two weeks prior to the Sundberg homicide and involved Tapia Rodriguez, Marcos Gutierrez and Albarran Varona tracking down 28-year-old Arturo Sosa, who was traveling to work with a friend, on SR-26 near Royal City. Tapia Rodriguez was reportedly driving and was able to get the victim vehicle to pull over. The two men in the vehicle were forced out of their car, but due to the public location they were at they loaded them back into their car. As they were driving Sosa reportedly fought back and attacked Tapia Rodriguez, while his friend attacked Albarran Varona, who was driving.

A memorandum filed by the state alleges during the struggle Albarran Varona shot the friend in the chest, who went on to survive, and Tapia Rodriguez overpowered Sosa and shot him three times in the head, killing him. Tapia Rodriguez’s fingerprint and Marcos Gutierrez’s DNA were found on the victim vehicle and they are both currently facing murder, assault and kidnapping charges in the incident.

The state does not have independent evidence, aside from his own declaration, that shows Albarran Varona participated in the Sosa murder.

“The state anticipates other witnesses assisting with identification of Tapia Rodriguez and (Marcos) Gutierrez, as well as testimony from the surviving victim. The other key witness in this case told multiple stories before coming clean,” reads the state’s memorandum.

On Tuesday Deputy Prosecutor Kevin McCrae said the state has a weak case against Tapia Rodriguez and Marcos Gutierrez in the Sosa matter without Albarran Varona’s testimony. Sundberg’s family is in staunch opposition to the offered plea deal and feel the sentence does not equate to Albarran Varona’s involvement in Sundberg’s death.

“For his testimony the state is likely giving up 80 to 160 months of confinement for Albarran Varona, as well as some possibility of a life sentence. In return the state eliminates the risks of trial and appeal on Albarran Varona, which are not insignificant, gains the ability to pursue a case against someone who would otherwise walk away (Gutierrez), gains additional testimony and assurance on the Sundberg case, which is primarily dependent on the statements of witnesses who are not upstanding citizens to say the least, and gains the opportunity to hold Gustavo Tapia Rodriguez responsible for another murder that he led and was the actual trigger man on," reads the memorandum.

Judge David Estudillo did not take a plea from Albarran Varona on Tuesday and continued the matter to Monday.

Richard Byrd can be reached via email at city@columbiabasinherald.com.