By Rob Parsons
Merced Sun-Star
MERCED, Calif. — The family of slain Atwater correctional Officer Jose Rivera on Wednesday criticized the plea bargain that allows the men who pleaded guilty to his murder to avoid the death penalty.
Rivera, 22, was stabbed to death June 20, 2008, at the U.S. Penitentiary at Atwater. Joseph Cabrera Sablan attacked Rivera with an 8-inch homemade knife. Rivera tried to escape but was tackled and held down by co-defendant James Ninete Leon Guerrero. Cabrera Sablan stabbed and slashed Rivera nearly 30 times. They agreed to plead guilty to murder in exchange for avoiding the death penalty, according to a copy of the plea agreement.
“It’s not justice. It’s nothing. It’s not even a slap on the wrist,” said Rivera’s older sister, Teresa Contreras. “It shows the other inmates they can murder a correctional officer and get away with it. They’ll never pay for the crime they did.”
In a telephone interview Wednesday, U.S. Attorney Benjamin Wagner said he understood the Rivera family’s wishes for the death penalty and the emotions and concerns of other federal correctional officers, but disagreed with the idea of the message sent by the conviction.
“It really doesn’t send that message,” Wagner said. “Our job is to make sure the people responsible never feel another fresh breeze on their faces again, and that was achieved.”
The circumstances of the case, such as the lack of premeditation and evidence that Cabrera Sablan was intoxicated at the time, would have put a death sentence beyond reach, he said.
“We pursued the death penalty in this case for seven years, but when it became clear that it just wasn’t possible to secure the death penalty, it’s our job to secure the best possible outcome in the case.”
The guilty pleas will ensure the two defendants remain imprisoned. Both already were serving life sentences and had histories of violence against prison guards before the slaying. Cabrera Sablan was convicted of murder in Guam, and Leon Guerrero was serving a life sentence following a “third-strike” conviction for armed bank robbery.
Both would have been eligible for release under terms of their first murder convictions, but now will die in prison as a result of their convictions in Rivera’s death, Wagner confirmed.
“I respect the fact (Rivera’s family members) disagree with the outcome. Many people loved Jose Rivera,” Wagner said. “If we could’ve obtained the death penalty in this case, we would’ve pursued it for another seven years.”
In a brief statement issued on Wednesday, Kristi Rodriguez, a spokeswoman for Atwater Penitentiary, said prison staffers were “experiencing a wide variety of emotions” regarding the sentencing.
Officials representing the federal correctional officers could not be reached for comment Wednesday, but they have been highly critical of the plea deal.
Eric Young, national president of the American Federation of Government Employees Council of Prison Locals, said of the case in June that it “feels like there’s no justice,” and that the death penalty deters inmates from assaulting correctional officers.
Rivera’s mother, Terry, echoed her daughter’s sentiments.
“We should’ve had justice,” she said Wednesday. “They destroyed our family and we wanted answers.”
Rivera grew up in Le Grand, the middle child in a family of five children. He served in the Navy for four years, which family members said included two tours in Iraq, before becoming a federal correctional officer. He planned to join the California Highway Patrol, family members said.
Angelica Vasquez, Rivera’s younger sister, described her brother as a “strong, always happy, very, very protective” young man who looked out for his mother and siblings and believed strongly in patriotism.
“He was always protecting everyone. That’s what he always did at home and in his life,” she said. “He was a protector. He never let other kids pick on us in school.
“I miss his hugs the most,” Vasquez added. “I miss his smile. He was always smiling.”