8:55am -- Fake Russian Roulette Case Ends in Sentence Permalink comment E-mail
By Bruce Daniels   
Monday, 13 October 2008 01:56
Los Lunas man gets 7 1/2 years in prison for shooting 16-year-old friend in April 2007.

Damien Moyers, 25, of Los Lunas, was sentenced Friday to 7 1/2 years in prison in connection with the April 1, 2007 shooting death of 16-year-old Brad Avants, also of Los Lunas, the Valencia County News-Bulletin reported.

Moyers last month entered an Alford plea to one count of voluntary manslaughter -- a plea under which the defendant doesn't admit guilt, but concedes he could be convicted at trial, the News-Bulletin said.

Valencia County sheriff's deputies initially reported that Moyers told them that he and Avants had been playing Russian roulette in the bosque west of the River Park in Los Lunas, the paper reported.

Moyers walked into the sheriff's department a few weeks after the shooting to ask how the investigation was going, and in a spur-of-the-moment interview with Detective Aaron Jones, he allegedly admitted shooting Avants but said it had been an accident, the News-Bulletin said.

Moyers was arrested on June 20, 2007, the paper reported.

Assistant District Attorney Judith Reed argued during the sentencing hearing on Friday that Moyers is dangerous and has a history of carrying guns and that he should get the maximum 7 1/2-year sentence, the News-Bulletin said.

But Moyers' attorney Jeff Buckles told state District Judge John Pope that there was no basis to prosecution claims that Moyers was a "generally violent man" and he asked the judge to sentence his client to the Delancey Street treatment facility for substance abuse, the paper said.

Pope said he believed that Moyers was remorseful, adding: "I think Delancey Street is a very good program, but I don't think Mr. Moyers has shown the kind of maturity to take advantage of that program," the News-Bulletin said. 

 

Last Updated ( Monday, 13 October 2008 02:10 )
 
We do not publish all comments, and we do not publish comments immediately.
 

Weblogs
Newsseeker
Bruce Daniels, Jim McElroy and the ABQjournal news staff

Watchdog
Journal Investigative Team

New Mexico Science
John Fleck

Road Warrior
D'Val Westphal

City Hall Beat
Dan McKay

ABQ Cityseeker

Education Achievement Gap

NM Politics
Journal Political Reporters

Biz
Winthrop Quigley

Inside the Beltway
Michael Coleman

Lights and Sirens
Journal Police Reporters

Reel NM
Dan Mayfield

Sports: Rick is Wright
Rick Wright

Where To Go, What To Do
Dan Mayfield

Video Games
Greg Peretti