In criminal law, the severity of punishment must correspond to the harm caused and the defendant's criminal history; setting fire to an entire apartment complex to kill a few roaches is grossly disproportionate and demonstrates a dangerous disregard for public safety, warranting severe punishment rather than probation.
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Arsonist Blames Bugs For Burning Building — Sent STRAIGHT To Prison!!Hinzugefügt:
To kill the roaches.
>> were killing roaches. I I tried to burn it.
>> You were killing roaches by setting a fire by committing arson. That's you're That's what you're trying to tell me?
>> I tried to burn one of them.
But >> Oh, you wanted to burn one roach. But Gerardo Alapa, that's you? Yes, your honor. And Mr. Adams is here representing you. Earlier you pleaded guilty to in 24 CR479 to the offense of arson. A pre-sentence report has been prepared. Now, the agreement in this case is whatever sentence shall not exceed a cap of 5 years in prison. So, we're we're looking at This is a first-degree felony, correct?
Yes, sir.
Yes.
>> Yes, sir. So, we're looking at Judge, I offered the the minimum um >> No less than five, nor more than five.
>> They They wanted an opportunity to uh present to the court an argument for probation.
>> How long have you been in jail now?
About a year.
In April. April is when you went to jail. Okay.
132 days. Okay.
Go ahead.
You You can go first.
>> I Your honor, on behalf of the defense, Mr. Adams. You know, one of the big things that I was going to impress upon you my client is he does have extensive family history. I'm looking on page four of the PSI where he's worked at several places.
He is uh very remorseful and sorry for what he's done.
Uh and he's asking you to give him probation. And I was going to let him, you know, talk to you more directly than me. Do you mind if I ask him a couple of questions? Go ahead.
All right. Hey. Raise your right hand.
Do you solemnly swear or affirm any statements you make during this hearing shall be the truth, the whole truth, and nothing but the the so help you God? So, raise your right your Okay. So, uh do you accept responsibility for this? No.
Yes. Are you sorry for what you've done?
Yes.
And I guess let me get to the heart of this.
Could you tell the court good things about you?
Like something positive about you.
Uh I never I never been in a fight with with nobody?
I would go to being I would do sports.
I like to help people out, work.
And be with my family.
All right. And if you're given probation, will you follow the rules?
Oh, definitely. Will you do what you're supposed to do? Most definitely. Stay out of trouble? Yes, sir. In these places with the fires, uh will you totally stay away from them? Yes, sir.
All right. And uh are you very, very, very remorseful?
Very, very remorseful.
All right. And are you begging the court to give you uh probation, whether it be deferred or whether it be regular probation? Probation. Yes.
Can we ask 30 minutes?
All right.
State, any questions you want to Any questions, sir? What are you sorry for? What did you do wrong?
Or Here.
>> Maybe drinking too much and you just What was No, what did you do here? How did you set this fire? Tell me about that. I threw a cigarette in the garbage. Why?
I It was empty. I just I I just threw it and just left.
Okay.
So, did you check Did you I thought it was out. Huh? I was in a hurry. I wanted to go home.
Why did you want to first set fire the build to the uh apartment?
This is a multi-dwelling building, right? It was apartment one apartment in in a an apartment complex, correct?
Right, everybody? Avery Trace Apartments.
Have y'all looked Have everybody looked at this? Yes, sir. Okay.
You mean you set a fire in one I mean there's no reason with some bad luck with the whole place could burn down. With multiple people being involved and victimized.
But why did you do that?
Uh maybe it fell off kind of buzz. I I I do I saw a lot of uh roaches running around.
I used to live in those Oh, you were killing roaches. I I tried burning >> roaches by setting a fire by committing arson? That's your That's what you're trying to tell me?
>> I don't burn one of them.
But >> Oh, you wanted to burn one roach. But I guess Are you at war with roaches? I mean what is this? Is this a What's I don't understand here.
>> to live in that apartment and they never fixed my apartment. They never fixed it.
You used to live in that apartment. Yes.
Oh, okay. Now we're getting somewhere.
They never changed my carpet. They broke my my glass door.
Patio door is Okay, so are you trying to say you were mad at those people who weren't taking care of your apartment as they were supposed to and you decided you would damage it.
Is that what you're saying?
I just threw a cigarette You threw what? Cigarette to burn down the place.
The whole [clears throat] or something was probably burning.
I just threw it and just But it was it was out I think it was it was It wasn't burning and just threw it go I thought, I thought it wasn't going to do that. I would have damaged.
Okay.
So, what were you trying to do?
Me Me and my brother we we moved out of there for a different apartment.
>> No, what were you doing?
What What were you trying to What were you trying to do by causing a fire?
Even the the door was open. I just wanted to see see how it looked like. But you set the fire.
Right?
You set a fire.
And could have burned the not only that unit down, but it could have damaged a lot of other units, correct?
Why?
Why would you want to jeopardize so many people's lives?
But I didn't I didn't even think about that. I didn't I didn't I don't I I don't even Fire is no no the cigarette I didn't I don't even smoke cigarettes.
Well, but I think certainly we all can all agree you weren't thinking. Not thinking has a lot to do with your actions on this part because this is very foolish uh dumb behavior you're trying to explain to me.
And it doesn't really make any sense. Does anybody Can anybody tell me anything sensical about what he's trying to I think I can make sense Really? Yeah, well, I think the way to Give it a try. I think the way to make sense out of this judge is that even though intoxication of voluntary intoxication is not a legal defense, he was uh intoxicated at the time. And even though that's not a legal defense, that's an explanation as to why he he was acting the way he was acting.
It would go more to mitigating factors and that illegal sports.
All right, the pre-sentence report was Is there any objection to pre-sentence report being made a part of the record for this this day?
Okay, then it is made a part of the record.
Paragraph three, everybody reads that.
Second second sentence. On which page? 121.
One. On page one? Mhm. Third paragraph.
Yes, I saw that.
Witness identified as the name advised she had seen the defendant multiple times because his brother used to live in the in apartment uh but it would but was evicted. Now, this >> [clears throat] >> fire is occurring in apartment unit According to this witness, the same Hispanic male, the defendant, started multiple fires in the complex previously by setting barbecue pits on fire under the carport.
They further explained that she saw the defendant standing across the sidewalk watching the fire as it was occurring.
And if that's not enough, well, we have a video of the whole event.
As the assistant store manager of HEB says there's the video they have video footage of the defendant arriving on the property and starting a fire at the north side of the building.
All right.
The defendant's uh pre-sentence report reflects a host of prior convictions, doesn't it?
We've got uh as early as 1994, illegal possession of marijuana conviction as a misdemeanor. He was fined there in Hidalgo County. '98, uh misdemeanor retail theft, Champagne County, Illinois.
And then we get to something interesting in '98, knowingly damaging property in Champaign, Illinois. 18 months conditional discharge.
And in 2000, 12 months uh driving under influence of alcohol in Champaign County, Illinois. 12 months conditional discharge and a fine.
In 1999, he is sentenced to 30 months conditional discharge in Champaign, Illinois for burglary. You just made a mess up there.
Uh and in 2001, 3 years prison unlawful possession of a converted vehicle. Now, that one is an interesting name. I'm not sure uh but we're not going to go into it, but unlawful possession possession of a converted vehicle. I don't know what that means, but he got 3 years for it. It's It's illegal in Champaign County. I've never heard of that type of crime.
And then in 2002, he was sentenced to aggravated criminal sexual abuse in Champaign County, Illinois. Sentenced to 20 months 24 months of probation. That was revoked because he failed and he received 5 years prison. So, he has at least two prior felony convictions. And that was a mess he made in Champaign County. Now he's here in Jefferson County making a mess.
Anything else?
Uh no, I don't Anything you want to add, Mr. Alafa?
No.
I'm going to find then you have pleaded guilty today earlier voluntarily. You were mentally competent to do so. You understood the and You understood the consequences of pleading guilty. There was sufficient evidence supporting your guilty plea from state's exhibit one admitted here to find you guilty beyond a reasonable doubt. I now find you guilty beyond a reasonable doubt of arson with intent to damage a habitation, a first-degree felony. I'm following this agreement, you were hereby sentenced.
Uh finding you guilty beyond a reasonable doubt, you were hereby sentenced to confinement in the institutional division of the Texas Department of Criminal Justice to serve a term of 5 years.
You have made a mess in Illinois, being able to come down here, and you're making a mess now in Illinois. Shame on you.
Um I just wish that the punishment could have been higher because you richly deserve it based upon your irresponsible history of criminal behavior and damage and hurting people.
You're You You need to fix that. You're You're dangerous to yourself and others.
And I'm sure there was damage to the apartment.
And I don't know what that is. Nobody's asking about restitution. I'm sure somebody has to pay for that, too. Um another part of the mess that you're costing others.
You're going to prison.
That's where you deserve to be.
Anything else? That's all, your honor.
Gentlemen, I'll make a second plea.
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