Man gets 9 years for kidnapping as part of plea deal
A Sandoval County man was sentenced Wednesday to nine years in prison for a kidnapping conviction that stemmed from events that led to the 2011 killing of 31-year-old Francisco Landavazo, which the judge described as senseless and brutal.
Freddy T. Silva, in his early 50s, will receive credit for the nearly four years he has already spent in custody. Following the completion of his prison sentence, he will be placed on parole for two years.
“To this day, I wonder why it all happened,” 13th Judicial District Judge George Eichwald said before announcing the sentence.
Under a plea deal, Silva pleaded guilty to kidnapping and agreed to testify against Mark Romero, who was convicted last month of murder, felony kidnapping and false imprisonment in connection with Landavazo’s death. Silva, of Bernalillo, was originally charged with kidnapping, armed robbery and false imprisonment.
Landavazo was found dead in an arroyo on Zia Pueblo. An autopsy determined that he had died of strangulation, and had been bound and physically assaulted near the time he died.
A witness told investigators at the time that Silva, Romero and three other people, all armed, burst into a Bernalillo apartment in July 2011, according to court documents. Landavazo was “attacked” and forced into the kitchen, where a violent struggle took place, the documents state.
At his sentencing hearing Wednesday, Silva, wearing an orange jumpsuit and shackles,
addressed the judge and apologized to Landavazo’s family.
“I don’t know why it went that far,” he said, breaking down crying.
Prosecutor Sean Fitting said Silva’s testimony was extremely useful in the trial against Romero, but he said that Silva had opportunities to get out of the situation.
“At any time, until the final end, he could have backed out,” Fitting said. He asked the judge to impose the full nine years permitted under the plea agreement, and noted that that sentence was less than a third of the 30 years that Romero received.
His defense attorney Boglarka Foghi asked that he be released, adding that he’d already spent about four years behind bars. After the hearing, she said that the judge classified the offense as nonviolent, which means Silva must serve at least 50 percent of the time that remains on his sentence.
Landavazo’s family attended the hearing. His aunt, Constance Landavazo-Zamora said afterward that, though she was not happy that the maximum sentence was only nine years, she was pleased that that’s what the judge gave him.
She said she is thankful that her family is a bit closer to closure, knowing that both Romero and Silva will spend time in prison.
“It means there’s some justice,” she said.
“I personally feel a lot of weight off my shoulders,” she said.