By Milan Simonich
Las Cruces Sun-News
SANTA FE, N.M. — Joel Leyva died at the hands of a woman who claimed she was a witch and stabbed him 13 times.
She pleaded no contest to second-degree murder in state court in Albuquerque. But when it came time for sentencing, Leyva’s family had no guarantee that the killer would serve time in prison.
State Rep. Antonio “Moe” Maestas says that is because New Mexico law makes it possible for someone convicted of second-degree murder to be sentenced to probation. The other extreme under current law is a 15-year prison term.
Maestas, D-Albuquerque, says both punishments are too lenient for the intentional taking of a life. He is sponsoring a bill to set a mandatory minimum of nine years in prison for someone convicted of second-degree murder. His proposal also would increase the maximum penalty to 20 years.
He said he is carrying the bill on behalf of Leyva’s family. The proposal, House Bill 164, will be heard today in the House Judiciary Committee.
A former prosecutor who now works as a defense attorney, Maestas said a twice-convicted drug dealer would face a mandatory 18-year sentence under New Mexico law. By comparison, second-degree murder is being treated as a less serious offense, he said.
Maestas said toughening the penalty for second-degree murder is essential, even though it would mean taking discretion away from judges. Maestas said he did not want to reduce the power of judges, but believed it necessary in this circumstance because murder is the worst of crimes.
Leyva’s killer, Angela Sanford, did not get off lightly.
State District Judge Charlie Brown last month sentenced her to 20 years in prison — 15 for Leyva’s murder and five more years for aggravating factors.
In her cell phone, Sanford listed Leyva’s number next to the word “sacrifice.”
The state’s 13 district attorneys, through their association, are supporting Maestas’ bill. But they prefer another proposal by Rep. Dennis Kintigh that would increase the maximum penalty for second-degree murder to 25 years.
New Mexico punishes first-degree murder, which entails premeditation, by a sentence of at least 30 years. Capital murder, charged in cases of extreme cruelty, carries the state’s harshest penalty — life in prison with no possibility of parole.
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