Georgia's anti-gang law: fucked?

A convicted gang member faces 30 years in prison for his role in a January 2004 retaliatory shooting that wounded three people, including two innocent bystanders.

Clarke County Superior Court Chief Judge Lawton Stephens called Thursday's sentencing of 26-year-old Miguel Hidalgo-Lopez, a member of the Los Primos/Sur 13 gang, "a sad day."

"The fact is clear that at some point in your life, this affiliation with this gang became more important to you than your wife and children," Stephens told Hidalgo-Lopez, whose wife, Gabriela Martinez, sat behind him in the courtroom.

Hidalgo-Lopez was convicted Wednesday of violating the state's anti-gang law, one count of simple battery, two counts of aggravated battery and eight counts of aggravated assault in the drive-by shooting targeting members of the rival 18th Street gang.

Stephens sentenced Hidalgo-Lopez to 20 years in prison for the battery and assault convictions and 10 years in prison for the anti-gang law violation. After his prison sentence, Hidalgo-Lopez faces five years on probation.

"My hope is that it makes young people that may have the misperception that gang life is somehow glorified and attractive - that's dead wrong and that it really brings nothing but misery and violence," Chief Deputy Assistant District Attorney Matt Karzen said of the sentence Stephens imposed.

Hidalgo-Lopez could have been sentenced to 116 years in prison, Stephens said.

Hidalgo-Lopez, who did not testify at his trial, declined to make a statement in court. He is the first person to be tried or convicted in Clarke County under a 1998 anti-gang statute.

"I think there was error in the trial without a doubt," defense attorney Stan Durden said after Thursday's sentencing. "But I'm sure Mr. Karzen doesn't think there was error."

Durden asked Stephens for a 15- to 20-year sentence.

In addition to Hidalgo-Lopez, five other alleged Los Primos members are accused in the Jan. 30, 2004, drive-by shooting outside an eastside apartment where police say as many as 50 shots were fired from a caravan of three vehicles, and one gang member and two innocent bystanders were wounded.

Prosecutors spent 5 1/2 days presenting evidence that Hidalgo-Lopez was a member of the Los Primos/Sur 13 gang. Some witnesses placed Hidalgo-Lopez at the scene of the shooting, and prosecutors used pictures of Hidalgo-Lopez flashing what witnesses identified as gang hand signs to help connect him to Los Primos/Sur 13.

The shooting allegedly culminated a dispute between the two Mexican gangs that began six days earlier, when members of the rival groups were involved in a fight at a West Broad Street restaurant where a quincenera - the marking of a Hispanic girl's 15th birthday, or coming of age - was being celebrated.

During Thursday's sentencing hearing, which lasted roughly 30 minutes, Karzen asked Stephens to sentence Hidalgo-Lopez to 55 years, 25-35 of which should be served in prison. Stephens acknowledged Karzen's characterization that Hidalgo-Lopez showed a "level of disregard" by participating in the shooting.

"But for the grace of God, you would have been facing homicide charges," Stephens told Hidalgo-Lopez.

Two others - Alvaro Rodriguez Ramon, 20, and 26-year-old Freddy Ramon "La Fresa" Rodriguez who, after 19 months on the run, was arrested in August under the name of Leopondo Trebino - also face charges in connection with the drive-by. Both are charged with multiple counts of aggravated assault, but prosecutors haven't decided whether to charge them under the anti-gang law.

Other warrants, all on aggravated assault charges, have been issued for the arrests of three other alleged Los Primos members: Cervando "Boxer" Mojica, Roberto Valasquez and Valentin Juarez Pineda, all of whom remain at large, according to authorities.

If this is the first time the statute has been applied then at least it's not generally being GROSSLY abused, but potential for abuse seems enormous.