Anthony Aguilar and Carlos Blakely enter guilty plea agreements
Anthony Aguilar, 19, and Carlos Blakely, 20, entered guilty plea agreements in district court yesterday for their charges connected to last year’s fatal July 5 shooting of Joey Perry.
“Today, Mr. Aguilar will plead guilty to one count of second-degree murder and conspiracy to commit murder,” one of Aguilar’s attorneys, Christopher R. Oram, told Senior Judge David Barker (who presided over the Sept. 24 hearing as Fifth Judicial District Court Department 1 Judge Kimberly Wanker is temporarily away for outpatient breast cancer treatment).
For Aguilar’s second-degree murder charge, the plea agreement contains a minimum of a 10-year sentence and maximum sentence of 25 years.
“It also can carry a potential penalty range of up to life in prison on second-degree murder. Do you understand that?” Barker asked Aguilar.
“Yes, your honor,” Aguilar responded.
Aguilar’s conspiracy to commit murder charge in the plea agreement is up to a 10-year sentence.
“I believe the minimum is two years,” Senior Deputy District Attorney Keith Brower explained regarding the conspiracy to commit murder charges. “So it carries a potential sentence of four to 10 years if it’s imposed as the max.”
Brower brought up that Oram and Josh Tomsheck, Aguilar’s other lawyer, submitted a written request for an own-recognizance release or bail reduction.
“Frankly, gentlemen, based upon the nature of the allegation, the non-probationable nature of the offense, I’m not inclined to O.R. It’s not an O.R. case,” Barker explained.
Brower said, “Judge, I was going to vehemently argue against it, but I just want the court to be aware we were aware that this was coming.”
Oram then asked the senior judge if he could orally argue the request, and Barker allowed the attorney to do so.
“Mr. Aguilar has been in the community for a long period of time,” Oram said. “His father is here. He comes to every particular hearing. He was employed in the mine and was full-time employed. He has no criminal record that I can ascertain, has a lot of people in the community.”
An O.R. release was asked for by Oram, and if not, “perhaps electronic monitoring or very low bail with electronic monitoring.”
“I fully appreciate and understand why you’re making the request,” Barker told Oram. “But, again, based upon the facts and circumstances that have been outlined, this is not an O.R. situation. So that oral motion and forwarded motion is denied at this time.”
Blakely’s plea agreement
“My client is prepared to enter a plea of second-degree murder without the use of a deadly weapon,” Blakely’s attorney Michael A. Troiano told the judge. “Parties have stipulated to treatment of 10 to 25 years in the Nevada Department of Corrections. Additionally, he’ll be pleading guilty to accessory after the fact.”
For Blakely’s second-degree murder charge, the plea agreement has a minimum sentence of 10 years and maximum sentence of 25 years.
A minimum of one year and a maximum of five years is contained in Blakely’s plea agreement for his charge of accessory after the fact to second-degree murder.
Aguilar and Blakely’s plea agreement sentences were both results of a previous settlement conference.
Nevada Supreme Court rules explain that the purpose of settlement conferences in criminal cases “is to facilitate good faith discussions to resolve any criminal case before the district court in a manner that serves the interest of justice.”
“This was done as a result of a settlement conference with former [Nevada Supreme Court] Justice Michael Cherry [and now a senior judge],” Oram explained at the start of the hearing regarding Aguilar’s sentences in the plea agreement.
Aguilar and Blakely will return to court for sentencing on Dec. 3.
Contact reporter Elijah Dulay at edulay@pvtimes.com
