Mitigation hearing granted in drive-by shooting case
The sentencing for a Yuma man charged in connection to a drive-by shooting was continued Wednesday after his attorney asked for a mitigation hearing, at which time evidence or testimony can be presented to show why the defendant should receive a lesser sentence.
During what was to be Steven Guajardo’s sentencing, Superior Court Judge David Haws informed attorney Jerry Hernandez, of the Yuma County Public Defender’s Office, that he intended to impose a 10-year prison sentence on his client, with credit for 300 days previously served.
Hernandez immediately requested a mitigation hearing, saying he needed at least 30 days to arrange to have some of Guajardo’s family members present, so they could testify on his behalf. Judge Haws granted the request and scheduled it for April 25 at 2:30 p.m., with sentencing to follow.
Guajardo, who remains in custody at the Yuma County jail on a combined $500,000 bond, has pleaded guilty to one count of aggravated assault with a deadly weapon in a plea deal offered to him. In return for his guilty plea, charges of attempted seconddegree murder, drive-by shooting, possession of dangerous drugs and possession of drug paraphernalia were dismissed.
During a mitigation hearing, the prosecution can also present evidence or testimony in an attempt to get the judge to impose a harsher sentence, which is what a prosecutor said the state intends to do with Guajardo.
According to Yuma police, at approximately 1:41 a.m. on June 1, officers responded to a call of shots fired in the area of 8th Street and 5th Avenue.
An initial investigation revealed two shots were fired from one vehicle to another vehicle, which had a 31-year-old female inside. No one was injured in the incident.
A description of the suspect’s vehicle was given to officers, and the vehicle was located in the 3700 block of West 8th Street. Yuma police performed a high-risk stop, detaining two males and one female.
After further investigation, Guajardo, 43, was arrested and booked into the Yuma County jail on numerous charges.