In an e-mail sent to the Times, Anthony Aguilera, a convicted
felon currently in state prison on five felony charges and one
misdemeanor charge, made a statement about his trial, conviction
and emotional state.
Morgan Hill – In an e-mail sent to the Times, Anthony Aguilera, a convicted felon currently in state prison on five felony charges and one misdemeanor charge, made a statement about his trial, conviction and emotional state.
The 22-year-old man was sentenced March 16 to 28 years, eight months plus 25 years to life in state prison for a total of a 53-year eight-month to-life sentence.
The Gilroy man was convicted in July of two counts of attempted murder, two counts of assault with a deadly weapon, one charge of shooting into an occupied vehicle and one charge of reckless driving while fleeing police.
Jurors had to decide if he attempted to commit murder in two separate incidents, or if he just made bad choices and was trying to defend himself in one instance and an innocent bystander in another.
He was found guilty of attempted murder in the stabbing of Scott Bargar, 24, at the Extended Stay America in Morgan Hill on Jan. 26, 2005, and attempted murder of Dustin Baldwin in an Oct. 23, 2004, shooting incident in the parking lot of a liquor store in Gilroy.
Aguilera sent the statement to the Times via a family member’s e-mail.
“Just a few sentiments I held throughout such arduous moments within these 27 months fighting for my life at 9am in department 91. I was given life and from that day forward every childhood dream I had became a sudden flash and vanished … 27 months fighting for my life allowed me to learn many remarkable lessons and values that life holds for those who seek opportunities.
“This situation and circumstances opened my eyes to what’s now reality I’m left to live with, however within a man’s life he finds a time where a change is essential to grow and the word I’m looking for is ‘profound.’
“Every day is a struggle for me but each day I look at it with a profound look and with this new look I’ve captured, it seems to keep the courage and strength to keep me growing each day.”
Aguilera also wrote about what he calls his “mistakes.”
“Reflecting back onto such acts it often disheartens me to understand for such fruitless mistakes I’ve made I may never be able to walk bear foot in the sand on a beach or lay in the grass at night just breathing the cold air gazing up at the stars.
“I was once told no one is beyond error to make mistakes nevertheless my mistakes will never be redeemable for crimes not including rape or murder.
“Deep within my heart’s feelings justice in accordance to my actions was not given fairly for the fact the community was at rage since the propaganda on gang violence was at display.
“My trial seemed to hold more contradictions then the grains of sand with many bewildering testimonies by those no better or worse than the crimes I’ve been accused of … not to justify my actions but to illuminate what was left out and hidden … sitting listening to such slander had to be one of the hardest times in my life faced knowing these lies are being told to decide my future.”
He says that the testimony during the trial was false.
“The gang expert only went off his studies about the gang culture at which in all honesty played no role within my cases … the gang expert’s testimony was essential to establish a gang enhancement to rest assure any and all time was given to me,” Aguilera wrote. “The truth be told if we except it or not all the money in the world would have me free walking in the beach bear foot or laying in the grass breathing night air looking up at the stars.”
Santa Clara County Deputy District Attorney Stuart Scott said Thursday that he did not want to “validate” Aguilera’s letter by responding.
“The facts speak for themselves in this case,” he said. “The jury convicted him on all counts, and Judge (Kenneth) Shapero called his actions a ‘rampage of violence.’ I’m stricken by the complete lack of remorse or reflection on his violent actions, his complete lack of taking responsibility for his violent outrage.”
Barger’s throat was slashed by Aguilera, and last rites were administered to him at the hospital, but he survived. Baldwin was shot twice, and Mike Hernandez was shot four times in the abdomen. Another victim was severely bludgeoned by Aguilera, requiring numerous staples in his head.
Aguilera was arrested after a high speed chase, fleeing police through a park, forcing children to jump out of the path of his vehicle.
When Aguilera was 17, he was involved in a gang ambush and was incarcerated by California Youth Authority.
Aguilera’s sister wrote that she did not believe the jury deliberated enough.
“I can’t explain what feelings and emotions I have at this moment, all I know is I lost someone who I love with all my heart, my hero my protector, my big brother,” she said. “I don’t have much to say just that I am hurt that 12 strangers who knew nothing other than what they were told, false lies, could take someone’s life away, could find him guilty in less than four hours when the trial itself took over a month, I know time was not taken and the case was not looked over thoroughly because it is impossible to have a verdict that quickly.”
Aguilera wrote that he believes his sentence was longer than it needed to be. He also wrote about his feelings for his family.
“I wish for a day those who decide to give a person life they could sit in my shoes and feel the everyday obstacles and discouragements that often lingers amongst a persons thoughts process as days turn to months and months to years and years to decades … maybe then will the stereotyping be abolished within ones perspective.
“I’m a strong believer of destiny and how the man upstairs has a plan, so the bed I made I’ll proudly lay in it and embrace the ongoing wage of life’s struggle we all will live until we reach are own demise … to the one who blames her past to show me the place where I’ll live its often said we cannot live the future unless we turn from the past to see the happiness that awaits the future.
“The mistakes we make are those we decide to make and no one is perfect but ‘the only mistake is to make the same mistake twice’ … to my sister and my tia may this experience serve as a way to strengthen the love that already perpetually exists … the one who stood beside me for 27 months may you see the future that awaits us and the love that was always there ‘you know who you are,’ last but not least to my mother, keep optimistic and look for a brighter tomorrow because each new day holds a day closer to me coming home.”
