Times-Call (Longmont)

Man takes plea deal in drive-by case

- By Nicky Andrews niandrews @prairiemou­ntainmedia.com

A co-defendant in an August Longmont drive-by shooting case entered into a plea agreement Friday morning .

Marcos Padilla, 19, pleaded guilty to attempted first-degree assault with a deadly weapon and two counts of violent crime with a dangerous or automatic weapon. All other charges, including two counts of attempted first-degree murder — after deliberati­on, were dismissed.

The lawyers on the case agreed to a stipulated sentencing range of five to 16 years in prison as part of the agreement. He is set for sentencing on March 22.

Padilla’s co-defendant Manuel Munoz-vaquera pleaded not guilty in December to two counts of attempted first-degree murder after deliberati­on and two counts of violent crime with a dangerous or automatic weapon.

He is set for trial on April 22. Both Padilla and Munoz-vaquera are in custody on $500,000 bonds.

According to an affidavit, at 4:10 p.m. Aug. 26, Munoz-vaquera was driving his 2013 orange Hyundai Veloster with Padilla in the passenger seat north on Country Lane in Longmont when shots were fired from the driver’s side window at two people standing on the driveway of a residence.

At the time of the shooting, the two individual­s ducked down and were not injured from the gunfire. They both told police they did not know why they were shot at.

After reviewing local surveillan­ce footage, police were able to locate the license plate number of the car which they tracked back to Munoz-vaquera. Police confirmed it to be the same car from a location of the license plate and a dent in the car, according to the affidavit. In the footage, two gunshots were heard, four seconds apart.

A photo array with Munoz-vaquera was presented in front of a witness who was on the scene. According to the affidavit, a witness immediatel­y reacted when she saw his photo and said she was sure he was the driver.

Munoz-vaquera surrendere­d after he said he saw his image on Facebook. Munoz-vaquera, then in custody, told police he was driving Padilla to the airport to pick someone up, when Padilla called out to him to open his window, according to the affidavit.

Munoz-vaquera told police a piece of wood was then thrown at his car and he stopped his car to say something when all of a sudden he “heard a shot.” Munoz-vaquera then told police he saw Padilla holding a gun before Padilla said, “Go! Go! Go!”

Munoz-vaquera then said another piece of wood was thrown at his car and Padilla reached back again to fire another round out of the passenger side window, according to the affidavit.

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