The son in the father-son duo accused of shooting a child was sentenced to 31 years in prison at a sentencing hearing on Thursday morning.
Ruben Segovia II, 23, is one of two men accused of wounding an autistic nine-year-old girl over a neighbor dispute in January.
According to an arrest affidavit obtained by The Gazette, Segovia and his father, Ruben Segovia-Diaz, in the middle of the day on Jan. 18, shot at the victim's home because of a dispute between neighbors that occurred 20 minutes prior. The affidavit states that one of the four shots discharged at the house struck and wounded the nine-year-old girl living at the home in the stomach. She survived.
Since the shooting, the father-son duo have taken very different paths in their court cases. Court records show Segovia II pleaded guilty to one count of attempted first-degree murder earlier this year. While Segovia-Diaz opted to plead not guilty to all charges and take his case to trial later this year.
Segovia II appeared in court on Thursday for his sentencing hearing, where he faced a sentence range of 25-35 years in the Department of Corrections.
The prosecution during the hearing requested that Judge David Shakes sentence Segovia II to the maximum of 35 years in prison, claiming that Segovia II "lacked remorse" for his actions, had prior firearm-related convictions and was a member of a gang at the time of the shooting.
According to court records Segovia II in 2020 pleaded guilty to one count of misdemeanor reckless use of a prohibited weapon and received a deferred sentence of 12 months in the Department of Corrections.
According to the affidavit Segovia-Diaz is also believed to have been in a gang.
Several family members of the victim took time to speak to the court on Thursday, including the victim's mother, who highlighted that although her daughter survived her life is forever changed due to the shooting.
The victim's mother, who asked Judge Shakes to impose the maximum sentence on Segovia II, told the court that had the bullet hit her daughter one inch higher she would have died, and one inch lower she would have been paralyzed. The victim's mother continued that since the shooting her daughter has gained over 30 pounds and now struggles to even run.
"My daughter is a bright, bubbly, loving child," the victim's mother said. "This has destroyed my child's life."
The prosecution added that after the shooting the victim's intestines needed to be sewn back together, and she was able to live in large part due to the quick arrival of first responders.
Segovia II's attorney didn't dispute the seriousness of the shooting, but did dispute the prosecution's claims that Segovia II was not remorseful for his actions.
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Segovia II's mother and sister both appeared to court to advocate for a sentence closer to the minimum of 25 years in prison.
"He's still young, he still has a lot of learning to do," Laverne Achuleta, Segovia II's mother, said to the court. "I love my son, but he has to learn a life lesson."
Segovia II was the final person to speak to the court before his sentencing, apologizing to the victim's family for his actions.
"I understand your guys' hatred towards me, I would hate me too," Segovia II said. "I do pray every night for your daughter, and I am sorry."
Following the statements to the court Shakes sentenced Segovia II to 31 years in the Department of Corrections with a mandatory five years of parole on release.
Shakes agreed with the prosecution that the recklessness of the crime and Segovia II's prior convictions warranted a harsher sentence, but disagreed that Segovia II wasn't remorseful for his actions.
As the court prepared to complete the hearing the victim's mother stood up and requested to make one last statement.
"We do forgive you," the victim's mother said to Segovia II. "We hope you become a better person when you get out."
Segovia-Diaz is currently slated to begin trial on Dec. 2 on 15 charges related to the shooting, including attempted first-degree murder, but will appear in court before trial on Nov. 22 for pre-trial readiness. He remains in custody at the El Paso County jail on a $150,000 bond, according to court records.
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