PALMDALE SHOOTER GETS 27 YEARS TO LIFE IN DEATH.Byline: KAREN MAESHIRO Staff Writer LANCASTER -- A Palmdale man was sentenced Tuesday to 27 years to life in prison for the shooting death of a man with whom he had a long-running dispute. Andre Curtis Shaw, 23, was convicted of involuntary manslaughter The act of unlawfully killing another human being unintentionally. Most unintentional killings are not murder but involuntary manslaughter. The absence of the element of intent is the key distinguishing factor between voluntary and involuntary manslaughter. in the September 2002 slaying of 20-year-old Joe Gutierrez, who investigators said had a fistfight with Shaw shortly before the shooting. ``It means he will not be eligible to appear before a parole board pa`role´ board` n. 1. A group of individuals with authority to determine whether a prisoner will be granted parole from a particular prison. for 27 years,'' Deputy District Attorney Hayden Zacky said. Prosecutors earlier alleged that Shaw tried to run over the victim with his car before fatally shooting him as the victim walked home along a Palmdale street. But the defense argued during trial that Shaw acted in self-defense (Law) in protection of self, - it being permitted in law to a party on whom a grave wrong is attempted to resist the wrong, even at the peril of the life of the assailiant. - Wharton. See also: Self-defense after the victim and his brother, according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. witnesses, came after him armed with knives. An Antelope Valley This article is about the Los Angeles County region. For the census-designated place in Wyoming, see Antelope Valley-Crestview, Wyoming. The Antelope Valley Superior Court jury convicted Shaw in March of the involuntary manslaughter charge and attempting to murder the victim's brother, Eric Gutierrez. The jury found Shaw not guilty of first- and second-degree murder, voluntary manslaughter, assault with a deadly weapon Assault with a Deadly Weapon is the term used to describe the act of threatening to harm one or more people by using a weapon (usually a firearm). Here, assault must be differentiated from battery as they are often confused. Assault is threatening to use force. and shooting from a vehicle. specific intent to kill the victim's brother, but that motion was denied. ``We don't feel justice was served today,'' Iriarte said. Iriarte said previously that Shaw and the victim had been friends, but six months prior to the shooting had a run-in over a bicycle that belonged to Shaw's younger brother. Two or three days later, Shaw and the victim had a fistfight, and later that night, Shaw was attacked with a machete by the victim and others, Iriarte said. Joe Gutierrez was shot just after midnight Sept. 12 on Solvay Street near East Avenue S-8, about five to 10 minutes after he fought with Shaw. Gutierrez, who suffered a gunshot wound in the abdomen, was flown to a Mission Hills hospital, where he died soon after arriving. Witnesses identified Shaw as the gunman and a warrant was issued for his arrest. He was arrested in Los Angeles in July 2003 on an unrelated narcotics narcotics n. 1) techinically, drugs which dull the senses. 2) a popular generic term for drugs which cannot be legally possessed, sold, or transported except for medicinal uses for which a physician or dentist's prescription is required. case. karen.maeshiro(at)dailynews.com (661) 267-5744 |
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