Judge sentences Orozco to death
Orozco
judge sentence orozco death
Judge sentences <m> Orozco </m> to death
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Judge sentences <m> Orozco </m> to death
POSTED : 05 / 02 / 07 , 9 : 00 PM PDT |
A Norwalk Superior Court judge on Thursday upheld a jury's recommendation that convicted cop killer Jose Luis Orozco die for his crimes .
Judge Philip Hickok told a packed courtroom that he weighed all the aggravating factors and mitigating circumstances in the ambush slaying of Los Angeles County Sheriff's Deputy Jerry Ortiz in June 2005 , and he concluded that the case "absolutely warrants death instead of life without parole . "
Orozco was convicted March 20 of first - degree murder for the slaying of Ortiz , a 15 - year veteran and member of the anti - gang detail at the Sheriff's Lakewood Station .
A jury recommended on April 3 that Orozco be executed .
Wearing the orange Los Angeles County Jail - issued jumpsuit and with his handcuffed wrists chained to his waist , Orozco smiled as he was led from the courtroom for the last time and turned to make an obscene gesture at a photographer .
In denying an automatic motion by the defense to reduce the jury's recommendation from death to life in prison without the possibility of parole , Hickok called the slaying of the newlywed deputy and father of two "a cold - blooded , vicious murder . "
`Colossal' factors
Hickok said the aggravating factors in the case were "colossal . "
He noted the 29 - year - old gang member not only killed the deputy while hiding outside of the lawman's view behind a door , Orozco also allegedly tried to kill another man just a few days earlier by shooting that individual in the back twice , and had bragged about killing the officer .
He had also boasted prior to Ortiz's killing that he wanted to kill a cop , that he wanted to make a name for his gang , the judge added .
"The murder was committed without regard in front of two extremely impressionable and young girls , " Hickok said , referring to the star witnesses in the case , two sisters - 8 - and 10 - year - old girls - who described the shooting for the jury .
" ( Orozco ) arranged to have witnesses , including those two very young girls , killed so that they would not testify , " Hickok said .
Dozens of deputies - many in uniform - packed the court for Thursday's sentencing , just as they had every day of the trial .
In the center of the gallery was the slain deputy's wife , Chela Ortiz , who linked hands with her mother - in - law , Rosa Ortiz , and her husband's siblings .
Chela spoke briefly before Hickok made the final ruling , addressing her husband's killer directly as she read from a letter written by her stepson , Jeremy Ortiz , and then made her own statement .
"Why did you do it ?
Why did you have to stand behind a door like a coward ? " the young widow read from the teen's letter .
Chela Ortiz , who married the deputy three weeks before he was murdered , told Orozco in a firm voice , "I want you to know you did not break our family , " as her family began to cry .
"Our Jerry is in heaven , we will see him again . . .
his memory will live on , " she said amid the sounds of soft sobs and sniffles .
"And you will always be remembered as a coward . "
The 35 - year - old deputy was killed on June 24 , while investigating an attack in which Orozco shot a man in the back while doing yard work at a Hawaiian Gardens home four days earlier .
Along with murder , Orozco was convicted of one count of attempted murder involving the earlier shooting and two counts of possession of a firearm by a felon .
Jurors also found true the special circumstance allegations of murder of a peace officer , murder while lying in wait and murder to avoid arrest , along with the allegations that he personally discharged a handgun and committed the crimes for the benefit of a criminal street gang .
In addition to asking the judge to reduce the sentence Thursday , Orozco's attorneys made a motion for a new trial , arguing that the DA was wrongly allowed to bring in overwhelmingly prejudicial material about Orozco's gang ties .
The attorneys also argued that the defense was hamstrung when the judge refused to let them bring in the Rev . Gregory Boyle to testify on his gang experience in the penalty phase of the trial .
They said the judge also refused to let them add jury instructions about others who could be guilty of aiding and abetting Orozco .
Prosecutors pointed out all those arguments had been made during the guilt or penalty phase of the trial , and the judge had already ruled in the matters .
Hickok agreed and denied both motions .
`Tragic situation'
Outside court , Defense Attorney Stanley Perlo said his client stands little chance at winning an appeal in the state Supreme Court , which he described as "very pro death . "
In the Ninth District Court of Appeals , there is a chance they will see that the defense was denied a key witness in the penalty phase of the trial , he said .
Neither Perlo nor his co - counsel , Robin Yanes , ever claimed their client's innocence .
Their client had committed the crimes , both attorneys said Thursday .
Rather , they argued that the defendant's lifetime of gang membership and drug abuse were mitigating factors that could not be ignored and that should have spared him death .
They added that many of the people called to testify against their client were equally responsible for the deputy's slaying and yet were not prosecuted .
"It's a tragic situation with nothing but a sad ending .
What else could it be ? " Yanes said .
Asked about the pending appeal , Deputy District Attorney Phil Stirling said such cases can never be predicted , but added that he and Lowell Anger - the lead DA on the case - were confident the conviction and sentence would stand .
After the sentencing , Stirling called Orozco a "predator . "
"He is a killer .
He murdered Deputy Sheriff Jerry Ortiz , in addition to attempting to murder at least three other people that we know of , " Stirling said .
Orozco's death sentence will be automatically appealed to the California Supreme Court and he was ordered to be transferred within 10 days from county jail to San Quentin State Prison , where he will await his appeal on death row .
"He'll probably live a much longer , healthier life on death row than he would have on the streets , " Perlo said .