News
GLENWOOD SPRINGS, Colorado — A man convicted of abusing his infant son and causing serious bodily injuries was sentenced Thursday to 18 years in state prison.
Judge Daniel Petre announced the sentence for Jose Chavez, 19, at the end of a sentencing hearing that lasted more than two hours.
Chavez and his wife, Adriana, 20, were both accused of abusing their 2-month old son, Alberto. His injuries included severe brain damage, eye injuries and broken bones.
Although Chavez was not yet 18 when the abuse occurred, on or before March 26, 2010, he was tried as an adult.
Chavez, who lived in Rifle with his family, was convicted by a jury Nov. 7, 2011, on one count of child abuse causing serious bodily injury and acquitted of three other counts of felony child abuse.
Adriana Chavez was acquitted on the sole count against her, negligence contributing to child abuse.
Deputy district attorney Matthew Barrett asked the judge to sentence Chavez to 21 years in state prison.
Defense attorney Joe Picard, in his own sentencing recommendation, said, “That's longer than Mr. Chavez has been alive.”
Noting that Chavez was a juvenile when the abuse occurred, Picard asked the judge to send Chavez to the state's Youthful Offenders System rather than the state penitentiary.
The Youthful Offenders System houses convicts between the ages of 18 and 21 who have little or no prior criminal history.
But Judge Petre, after taking more than an hour in his chambers to mull the case over in solitude, told the assembled audience he could not do that.
“The child suffered just incredible injury ... in a 15-minute period when Mr. Chavez was the only one who could have done it,” Petre said. “He was acting in an adult role when this occurred.”
The judge also remarked on Chavez's “lack of acceptance of responsibility” for causing his son's injuries, as shown in the defendant's statements in a letter to the court prior to sentencing.
“There is no stepping up to the plate and saying, ‘Yeah, I lost it, and I shouldn't have done it,' ” Judge Petre concluded.
As Petre announced the sentence, Adriana Chavez bowed her head and began sobbing, as did others.
Some of Chavez's family and friends appeared to have been praying earlier in the hearing, and were whispering softly and continuously while seated on the wooden courtroom benches.
Chavez himself, however, stood straight and sober-faced as the judge spoke.
When Petre wished him luck with his life, Chavez responded quietly, “Thank you, judge.”
jcolson@postindependent.com
Judge Daniel Petre announced the sentence for Jose Chavez, 19, at the end of a sentencing hearing that lasted more than two hours.
Chavez and his wife, Adriana, 20, were both accused of abusing their 2-month old son, Alberto. His injuries included severe brain damage, eye injuries and broken bones.
Although Chavez was not yet 18 when the abuse occurred, on or before March 26, 2010, he was tried as an adult.
Chavez, who lived in Rifle with his family, was convicted by a jury Nov. 7, 2011, on one count of child abuse causing serious bodily injury and acquitted of three other counts of felony child abuse.
Adriana Chavez was acquitted on the sole count against her, negligence contributing to child abuse.
Deputy district attorney Matthew Barrett asked the judge to sentence Chavez to 21 years in state prison.
Defense attorney Joe Picard, in his own sentencing recommendation, said, “That's longer than Mr. Chavez has been alive.”
Noting that Chavez was a juvenile when the abuse occurred, Picard asked the judge to send Chavez to the state's Youthful Offenders System rather than the state penitentiary.
The Youthful Offenders System houses convicts between the ages of 18 and 21 who have little or no prior criminal history.
But Judge Petre, after taking more than an hour in his chambers to mull the case over in solitude, told the assembled audience he could not do that.
“The child suffered just incredible injury ... in a 15-minute period when Mr. Chavez was the only one who could have done it,” Petre said. “He was acting in an adult role when this occurred.”
The judge also remarked on Chavez's “lack of acceptance of responsibility” for causing his son's injuries, as shown in the defendant's statements in a letter to the court prior to sentencing.
“There is no stepping up to the plate and saying, ‘Yeah, I lost it, and I shouldn't have done it,' ” Judge Petre concluded.
As Petre announced the sentence, Adriana Chavez bowed her head and began sobbing, as did others.
Some of Chavez's family and friends appeared to have been praying earlier in the hearing, and were whispering softly and continuously while seated on the wooden courtroom benches.
Chavez himself, however, stood straight and sober-faced as the judge spoke.
When Petre wished him luck with his life, Chavez responded quietly, “Thank you, judge.”
jcolson@postindependent.com
