TOPEKA, Kan. (WIBW)- A man who admitted having a part in the murder of his sister-in-law learned his punishment for the crime Tuesday.
Gabino Alcala, 20, was sentenced for murder in the second degree to 176 months, and 35 months probation for the death of Ashely Alcala in October 2012. She was found shot to death in her Topeka home. Judge Wilson says a weapon was used, therefore he is a violent offender as required by law for 15 years. The judge also said it is against the law for him to carry any firearm or ammunition for 10 years after he is released.
In court Tuesday, defense attorney, Charles F. Kitt said defendant, Gabino Alcala has 2 prior misdemeanor convictions.
Eddie Bacon, Gabino Alcala's uncle, approached the stand and said, "First of all, I would like to thank you for letting me speak. I always considered Gabino a nephew. He's smart. Ashley gave him $1,500 for a car. I don't know why he got involved in this. I understand 'mi familia.' He's on his way to prison, but he can have time taken out if he has good behavior. He's going to have to spend his whole life proving he isn't bad. I'm concerned about the drugs in El Paso. Did Manny give him the drugs? I hope he comes out of this a better person."
Alicia G. approached the stand next to speak for Karen Bacon, Ashley Alcala's mother. She said, "On behalf of Karen, I would like to thank the court for bringing this case to a close. I have precious reasons why I am not at today's sentencing. To Gabino: young, dumb, and too much testosterone- I wish you would have stopped your brother. Ashley gave you everything. It's too late to take anything back. Maybe you will realize the impact this has on family and friends during jail time."
Kitt asked the Judge that Gabino pay $40,486.47 in restitution to Karen Bacon. Kitt said this will pay for Ashley Alcala's funeral services, head stone, attorney fees and custody of children. Kitt says this cost can be shared with co-defendants.
Gabino Alcala's attorney, Ron Evans, says "Gabino Alcala respectfully chooses to not address the court. I have no reason to doubt the figures. If Alcala had any assets to pay the $40,000, I wouldn't be his lawyer. I've never seen someone with a long sentence and then have to pay restitution. We object on that and nothing further."
Judge Wilson then addressed Gabino Alcala directly.
Judge Wilson says, "Can you think correctly?"
"Yes mam," Gabino Alcala says.
"Do you want to make a statement?" says Judge Wilson.
"No mam," Alcala replies.
"Do you have attorney fees or $2,300 plus an application fee? Are you able to pay that?" asks Judge Wilson.
"No mam," Alcala says.
"Wisdom comes with age. I can't think of anything to say or tell you than what Mr. Bacon said today. I do hope that you will go forward and live your life in a way that's different then what led you here," says Judge Wilson.
Gabino Alcala has 14 days to file an appeal.
Ashley's husband, Manuel, and mother-in-law, Manuela were sentenced two weeks ago. Manuel was sentenced to life in prison. His mother is to serve 18 months supervised probation.
A fourth suspect, Benjamin Anaya, is slated for trial December 2nd.