A Twentynine Palms man who was convicted of second degree murder in December for killing a man two years ago was sentenced to prison Friday morning. Carlos Herrera, 42, was sentenced to a total of 16 years to life for stabbing and killing Luis Arroyo, 49, when he found Arroyo in bed with his estranged wife on September 14, 2016.
Arroyo’s youngest brother, Andres Arroyo, gave a victim’s impact sentence in which he said Luis Arroyo, who was a loving, caring man, would never get to see his daughter get married or see his grandchildren. Arroyo also said that his brother’s murder has taken happiness from him and his family; he and his family have lost their faith in the goodness of people. He added that Herrera deserves to spend the rest of his life in prison.
Herrera’s defense attorney, Jack Thomas, reminded Cortez that the jury found that Herrera did not murder with premeditation, that killing Arroyo was an act of reaction, reaction to seeing his wife in bed with a strange man. He added that the cultural taboo against infidelity sometimes caused good people to do terrible things, and that the circumstances really called for some mitigation.
Herrera addressed the court through a Spanish interpreter, saying he thought about all the suffering he had caused, not only with his victim’s family, but with his own family as well. He said he was not crazy and couldn’t talk about the event. He said he never expected something like the murder to happen to him, He added he regretted not being able to see his family or children any more. He wanted Judge Rodney Cortez to understand that he was a human being and never thought this would happen to him.
Prosecuting attorney Michelle Bergey said that the jury rejected Herrera’s defense of acting in the heat of passion. Evidence seized from Herrera’s internet searches found that he had been researching and planning how to murder Arroyo. She requested a sentence of 15 years to life with a one-year enhancement for using a dangerous weapon.
Cortez began his remarks by noting that both he and the jury rejected the defense that Herrera thought the noises he heard in the house were from a burglary. He noted that Herrera seemed more concerned with finding himself in this situation than with the fact that a man is dead and how his murder affects the victim’s family. He said it was obvious from the photos and evidence that Herrera had planned the killing and that it was a vicious and cruel killing due to the fact that blood spatters were found in every nook and cranny of the bedroom. And, he added, Herrera’s estranged wife was lucky to be alive because if she hadn’t escaped from the bedroom, Cortez was certain she would have been killed too. And then Cortez sentenced Carlos Herrera to 15 years to life for the second degree murder, with a one year enhancement for using a deadly weapon, for a total of 16 years to life in state prison.
