Free Sentencing Memorandum - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 850 W. Adams, Ste 201 Phoenix, Arizona 85007 3 Telephone: 602-382-2700 4 DAVID LEE TITTERINGTON State Bar # 006500 5 Asst. Federal Public Defender [email protected] 6 Attorney for Defendant 7 8 9 10 11 12 13 14 15 vs. William Domingo, Defendant. William Kevin Domingo, through undersigned counsel, hereby submits United States of America, Plaintiff, SENTENCING MEMORANDUM No. CR-04-1100-PHX-DGC IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

16 the following sentencing memorandum to be considered in determining the sentence 17 to be imposed in this case. 18 19 20 21 22 23 24 25 26 27 28 s/ David Lee Titterington DAVID LEE TITTERINGTON Assistant Federal Public Defender Respectfully submitted: August 16, 2006. JON M. SANDS Federal Public Defender

Case 2:04-cr-01100-DGC

Document 97

Filed 08/16/2006

Page 1 of 4

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Memorandum William Kevin Domingo has pleaded guilty to assault resulting in serious bodily injury. Basically, he admitted that he shot Hubert Evans, resulting in a gunshot wound that required Mr. Evans to be treated at Maricopa Medical Center for several days after the incidents which gave rise to the charges in this case. Attached to this memorandum is a letter written by Mr. Domingo. In that letter, he accepts responsibility for his actions, and specifically, for shooting Mr. Evans. But as detailed in the objections Mr. Domingo made to the first draft presentence report, there is much blame to be shared for what happened the night when Mr. Domingo shot Hubert Evans. The other actors or participants that evening have not yet accepted any responsibility for what happened that night. In fact, as the objections highlighted, both Mr. Evans and Samuel Kisto shot a firearm at Mr. Domingo and his friend, Theophilus James. Mr. Domingo was shot twice, and he was hospitalized as a result of his wounds. Mr. James was shot twice, and died as a result of a gunshot wound to his head. Mr. Domingo's trailer was riddled with bullet holes during the evening as a result. Strangely, the interviews given by Mr. Evans and Mr. Kisto claim that they never inflicted any of this damage on Mr. Domingo, Mr. James, or the trailer. Mr. Evans claimed to have shot into the ground as a warning shot. Mr. Kisto claims to have shot in the air over Mr. Domingo's trailer, never even seeing that Mr. Domingo was running away from him, or that Mr. James was standing by the doorway of the trailer, trying to escape into the safety of the trailer. In fact, it is they who should accept responsibility for Mr. James's death. It is quite apparent that one of them shot and killed Mr. James. Based upon the evidence revealed by the government, it is most likely Mr. Kisto who shot Mr. James, while he was standing in front of Mr. Domingo's trailer. The evidence indicates that after the confrontation between Mr. Evans and

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1 Mr. Domingo, Mr. Domingo ran away from Russell Blackwater's truck. As Mr. 2 Domingo ran away, Mr. Kisto picked up the firearm, and fired in the direction of the 3 trailer. Mr. James tried to run away, seeking shelter in the trailer, but he was shot 4 twice, one in the back, and once in the back of the head. 5 Mr. Kisto and his friends had the opportunity to drive away from the 6 scene, and to seek police help. Instead, Mr. Kisto chose to fire at Mr. Domingo and 7 Mr. James. Then, and only then, did Mr. Kisto and his friends drive away, and they 8 did not seek the help of the police. Instead, they contrived a plan to claim that Mr. 9 Evans had been shot in a park in Phoenix, they hid the gun, and Mr. Blackwater made 10 efforts to hide his truck from authorities. Although Mr. Blackwater did approach 11 authorities days later, their initial efforts to hide their participation in the 12 confrontation at Mr. Domingo's trailer indicate that they were quite conscious of their 13 own shared guilt in what happened that night. 14 This is why Mr. Domingo believes that there is no reason to justify an 15 upward departure in this case. Mr. Domingo understands that his actions were wrong, 16 but others must share the blame for Mr. James's death. As a result, Mr. Domingo 17 asks this Court to impose a sentence at the low end of the applicable guideline range. 18 Specifically, Mr. Domingo asks this Court to impose a sentence of 87 months in 19 custody. 20 21 22 23 24 25 26 27 28 3
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Respectfully submitted: August 16, 2006. JON M. SANDS Federal Public Defender s/ David Lee Titterington DAVID LEE TITTERINGTON Assistant Federal Public Defender

1 Copy of the foregoing transmitted by ECF for filing this 16th day 2 of August, 2006, to: 3 Clerk's Office United States District Court 4 Sandra Day O'Connor Courthouse 401 W. Washington 5 Phoenix, Arizona 85003 6 Tom Simon Assistant U.S. Attorney 7 United States Attorney's Office Two Renaissance Square 8 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 9 Copy mailed to: 10 William Domingo 11 Defendant 12 s/ Kathy A. Kruckeberg 13 Kathy A. Kruckeberg 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4
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