California man sentenced to 11½ years - Albuquerque Journal

California man sentenced to 11½ years

Franklin Gallegos (MDC)

Copyright © 2022 Albuquerque Journal

A state district court judge sentenced a California man Friday to 11½ years in prison in the 2019 shooting death of Daniel Sias, 34, following a night of heavy drinking at an Albuquerque apartment.

Franklin Robert Gallegos, 40, pleaded guilty in May to second-degree murder and had faced eight to 12 years in prison under the plea agreement.

“If there is any love left in your heart, I implore you to cultivate it,” Sias’ mother, Noemi Sias, told Gallegos at his sentencing hearing Friday.

“Invest your time in becoming a better person,” she said. “When you have done your time I can only hope that your life burns brighter.”

Gallegos declined to speak prior to sentencing.

Assistant District Attorney Guinevere Ice said Gallegos fatally shot Sias once in the chest after several hours of heavy drinking that began at a bowling alley and continued at an apartment where Gallegos was staying.

A third man present at the gathering said Sias had made a comment, possibly as a joke, that had enraged Gallegos, who drew a pistol and fired four gunshots, Ice said.

“He essentially had no motive,” Ice said of Gallegos’ reasons for shooting Sias. “He shot this individual for no particular reason.”

Gallegos’ attorney, Robert Aragon, told 2nd Judicial District Judge Bruce Fox that Gallegos first fired two shots into the ceiling, apparently as a warning, after an argument broke out between the three men.

The warning shots showed “a good-faith effort” to get the other men to “back off,” Aragon said.

The woman who found Sias’ body had been letting Gallegos stay at her apartment near Montgomery and Pennsylvania NE in the weeks before the slaying, according to court records.

The day after the killing, officers found Gallegos at a tattoo shop where he worked. A coworker told police he had loaned Gallegos his revolver “for protection” before the homicide, and a frantic Gallegos returned later saying he had shot someone and buried the revolver in a park afterward, according to an affidavit.

Gallegos previously had been convicted of violent felonies in California, including robbery aggravated assault, and was violating the law by possessing a firearm, Ice said.

Home » ABQnews Seeker » California man sentenced to 11½ years

Insert Question Legislature form in Legis only stories

Albuquerque Journal and its reporters are committed to telling the stories of our community.

• Do you have a question you want someone to try to answer for you? Do you have a bright spot you want to share?
   We want to hear from you. Please email

taboola desktop

ABQjournal can get you answers in all pages


Questions about the Legislature?
Albuquerque Journal can get you answers
Email addresses are used solely for verification and to speed the verification process for repeat questioners.
Albuquerque police looking for car involved in Downtown homicide
ABQnews Seeker
The Albuquerque Police Department is asking ... The Albuquerque Police Department is asking the public's help in finding a car believed to have been involved in a homicide in Downtown late ...
The stage is set: ‘La Traviata’ to kick off ...
ABQnews Seeker
New productions of 'Don Giovanni,' 'La ... New productions of 'Don Giovanni,' 'La Traviata' and 'Der Rosenkavalier,' and a revival of 'The Elixir of Love,' cap a 2024 Santa Fe Opera ...
Job Talk: 'I'm done': Finding a new career without ...
ABQnews Seeker
Dear J.T. & Dale: I no ... Dear J.T. & Dale: I no longer want to be a nurse. I tried to stick it out after the pandemic, but I'm done.
Isotopes manager Lopez can toast to a career milestone
ABQnews Seeker
Veteran manager gets 1,000th career victory ... Veteran manager gets 1,000th career victory with the Isotopes on Sunday, days after getting loss 1,000 as well.
Photos: Isotopes take on Sugar Land during Mariachis Night ...
ABQnews Seeker
Track and field: Lobos send a dozen to NCAA ...
ABQnews Seeker
Twelve athletes from the New Mexico ... Twelve athletes from the New Mexico track and field team have made, in total, 15 qualifying marks for the NCAA Outdoor Track and Field ...
UNM women's basketball adds Gonzaga to this season's schedule
ABQnews Seeker
UNM will take on powerhouse Gonzaga ... UNM will take on powerhouse Gonzaga in a pre-conference matchup this season in Spokane, Washington. It will be the opener of a home-and-home series ...
Pro golf's feud is over; Notah Begay III weighs ...
ABQnews Seeker
Begay, 50, checked his email to ... Begay, 50, checked his email to make sure it was real — "I actually thought, 'is it April Fools Day?'" — and sure enough, ...
Florida official says migrants flown to California went willingly, ...
ABQnews Seeker
Asylum-seekers, mostly from Colombia and Venezuela, ... Asylum-seekers, mostly from Colombia and Venezuela, had been picked up in El Paso, Texas, taken to New Mexico and then put on charter flights ...