A Colusa man who has spent nearly 20 years in prison for a gang-related shooting that resulted in the death of a 14-year-old boy won’t be getting out of jail early because of California’s new resentencing laws.
Armando Gutierrez Leon was 16-years-old when he and Pedro Hernandez Hererra, 18, admitted to firing .32-caliber pistols at the group of teenagers they believed were rival gang members, killing Miguel Muniz Algeria (known as Miguel Muniz) on Aug. 23, 2012.
Muniz’ body was found by a Colusa police officer around 10:15 PM at the corner of 3rd and Sioc streets. An autopsy indicated Muniz died from a small-caliber gunshot wound to the chest.
According to prosecutors, the shooting came after a group of teenagers wearing red clothing associated with the Norteño street gang walked past the Lafayette Street hangout of the Sureño gang, to which Leon and Herrera were reportedly aligned.
Leon and Hererra later admitted to getting into a car to go after the teens and then firing at them from a block away, although it was never determined from whose gun the fatal shot was fired.
According to court records, Leon pleaded guilty as an adult to attempted second degree murder with a firearm and assault with force likely to produce great bodily harm, in a plea deal that dismissed felony murder charges.
Leon is currently serving a 20-year sentence in Avenal State Prison for killing Muniz plus an additional 10 years for the firearms enhancement.
In 2019, after Senate Bill No. 1437 narrowed the class of persons liable for felony murder, murder, attempted murder, or manslaughter under the natural and probable consequences doctrine or other theory under which malice is imputed to a person based solely on that person’s participation in a crime, Leon petitioned Colusa County Superior Court for resentencing, which could have led to an earlier release.
Colusa County Superior Court Judge Jeffrey A. Thompson on Feb. 22 dismissed Leon’s petition for resentencing after agreeing with District Attorney Brenden Farrell that Leon was not eligible under section 1172.6 because the People never filed a complaint alleging felony murder, natural and probable consequences doctrine, or any theory of imputed malice.
“The People filed a complaint alleging murder, attempted murder, as well as personal use of a firearm in commission of the crimes,” Farrell submitted. “Furthermore, (Leon) pled guilty to attempted murder, and admitted to the personal use of a firearm in the commission of the crime. (Leon) said that he was going to go ‘blast them’ before leaving the house.
Personal use of a firearm in the commission of attempted murder is not imputed malice, felony murder, or natural and probable consequence doctrine.”
Leon’s Public Defender Albert Smith also acknowledged that Leon’s petition was incorrectly filed based on the facts of the case and had explained that to his client.
Leon will be eligible for parole in March 2026, at which time he will be 30-years-old.
No gang enhancements were filed against either Leon or Herrera. The charges for assault likely to result in great bodily injury against both Leon and Herrera stemmed from the pair firing into a group of teens, with no particular target in mind, prosecutors said.
Herrera, 28, is serving 20 years plus 10 for the gun enhancement in Salinas State Prison. He will be eligible for parole in November 2026.
Both Leon and Herrera have been incarcerated since 2014. ■