Acquittal returned in shootout; Firearm charges mean jail time.

Byline: Gary V. Murray

WORCESTER - A city man charged in a fatal shooting three years ago on Fruit Street was acquitted on a murder charge yesterday, but convicted of firearm offenses.

Angel Santos, 26, formerly of 90 Endicott St., was charged with murder, carrying a firearm without a license and unlawful possession of ammunition in the July 26, 2005, shooting death of 27-year-old Alexis Delacruz. Police said Mr. Delacruz was shot three times in an early-morning gunfight outside 18 Fruit St.

Mr. Santos also suffered two bullet wounds.

A Worcester Superior Court jury deliberated for about 12 hours over three days before finding Mr. Santos not guilty on the murder charge early yesterday afternoon. The jury's verdict options on the murder indictment were not guilty of any crime, or guilty of first-degree murder, second-degree murder or manslaughter.

The jury of six men and six women convicted Mr. Santos on the firearm and ammunition charges.

Judge Cornelius J. Moriarty later sentenced Mr. Santos to 4 years to 4 years and a day in state prison after finding that Mr. Santos was subject to enhanced penalties on the firearm charges as a career criminal because of a 2002 drug conviction. Mr. Santos was facing a minimum mandatory sentence of three years' imprisonment and up to 15 years in prison on the charges for which he was found guilty.

He was given credit for 1,097 days he spent in custody awaiting trial. Assistant District Attorney Lawrence J. Murphy had recommended a sentence of 10 to 12 years imprisonment with 5 years of probation to follow. Mr. Santos' lawyer, James G. Reardon Jr., recommended a prison term of 3-1/2 to 4-1/2 years.

In his closing argument to the jury last week, Mr. Reardon did not concede that Mr. Santos shot Mr. Delacruz, but said any actions his client might have taken were in self-defense.

According to testimony during the trial, Evita Pabon of 10 Sever St., the mother of Mr. Delacruz's child, called Mr. Santos for a ride on the morning of the shooting after reporting to police that she had been assaulted by Mr. Delacruz. Carlos Villaneuva, who accompanied Mr. Santos to the Sever Street address, said they were confronted by a group of armed men shortly after their arrival.

Mr. Villaneuva said he fled after the confrontation. Police learned about an hour after the 1:15 a.m. shootout that Mr. Santos was being treated at St. Vincent Hospital for gunshot wounds. Mr. Santos initially told investigators he was shot near his auto repair shop on Muskeego Street, but later said he was shot on Fruit Street.

He denied shooting anyone and said he did not know who shot him.

Mr. Murphy asked the jury to find Mr. Santos guilty of first-degree murder, suggesting that the killing of Mr. Delacruz was premeditated. While acknowledging that it was Mr. Delacruz who shot Mr. Santos in the shoulder and thigh with a .25-caliber handgun, Mr. Murphy said the evidence showed Mr. Santos shot Mr. Delacruz three times, including once in the head, with a .45-caliber weapon.

The prosecutor told the jurors they would be warranted in finding that Mr. Delacruz was on the ground or falling down with two bullets in his body when he was shot in the head.

"He did not go there this night looking for trouble," Mr. Reardon told Judge Moriarty prior to Mr. Santos' sentence being imposed.

While calling Mr. Delacruz's death "a tragedy," Mr. Reardon said the verdict on the murder indictment showed the jurors believed Mr. Santos acted in self-defense.

NOTE: 2005 INCIDENT