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Criminal Law Keyed to Capers
State v. Almaguer
Citation:
303 P.3d 84 (Ct. App. 2013)Facts
In May 2008, Almaguer and his friend Albert Cota attended a party at a Tucson apartment shared by Jolene L., her former boyfriend Abram, and their children. When Almaguer and Cota arrived, Abram’s father Antonio, Sr. and brother Antonio, Jr. were drinking. Later in the evening, Antonio, Sr. and his sons were smoking on the balcony when Almaguer and Cota came out of the apartment and Cota urinated off the balcony. Abram verbally confronted Cota and cursed at him, and Almaguer said, “I wouldn’t let him be talking shit like that to me.” As the two wrestled, Antonio, Jr. and Abram joined the fray, and Almaguer fired the gun once, shooting Antonio, Jr. Almaguer stood up and pointed the gun at Antonio, Sr. and Abram, and Cota yelled, “Shoot him, shoot him.” They both fled to Almaguer’s vehicle. As they drove away, Cota telephoned Jolene to say he was sorry and “it was not supposed to happen that way.” Antonio, Jr. died from his injury. Cota was arrested the next day.
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