Saturday, August 30, 2008

Final three defendants in burning death are sentenced

Clara Garcia News-Bulletin Staff Writer; cgarcia@news-bulletin.com

For nearly three years, the family of a woman burned alive in the trunk of her car has been waiting for a resolution — for justice. On Wednesday, their long wait was over when the last three of the six defendants charged in the crime were sentenced.

On Nov. 4, 2005, six people played a part in the death of Barbara Valdez Lumsey. For 10 hours, the Albuquerque woman was held in a Rio Communities house, beaten and tied up. In the end, she was thrown in the trunk of her own car, doused in lighter fluid, driven to a remote location and lit on fire.

Her family, who has been at every court hearing for each of the six defendants, said while they're grateful that those who hurt and killed Lumsey are being punished, they still have one question — why.

"We didn't know what to expect today — we were hoping for everything that happened, and it's a relief," said Lumsey's sister Patsy Ortiz. "It's what we were looking for. We wanted justice for my sister."

On Wednesday, District Judge John Pope sentenced 38-year-old Anthony Sanchez of Rio Communities, 22-year-old Jessica Cavasos of Moriarty and 33-year-old Patricia Sipes of Albuquerque to serve time in a state penitentiary.

Sipes, who was convicted by a jury earlier this year on charges of second-degree murder, kidnapping and aggravated arson, was sentenced to 22 years in prison followed by five years of probation. Because the crimes she was convicted for are deemed serious violent offenses, Sipes will have to serve 85 percent of her sentence before she can be released. She had been facing a maximum of 54 years behind bars.

Prosecutors alleged during the trial that Sipes drove Lumsey's car with the victim bound in the trunk to Alame Road, which leads to La Merced Elementary School in Rio Communities. In a taped interview with police, Sipes said that her co-defendant, 35-year-old Angel "Diablo" Esquibel, asked her to drive the car, but she initially thought that she was helping him get rid of a stolen car.

Sipes told investigators that she didn't know about Lumsey until she saw her being escorted out of the house where she was being held and tossed into the trunk.

Esquibel, who prosecutors say was the mastermind behind the crime, is serving a life sentence, plus an additional 30 years for his role in Lumsey's death. He pleaded no contest last year to first-degree murder, kidnapping, aggravated arson, aggravated assault, aggravated battery, tampering with evidence and four counts of conspiracy.

Jessica Cavasos, who was dating Esquibel at the time of the murder, was sentenced Wednesday to three years in prison followed by five years supervised probation for her part in Lumsey's death. She had pleaded guilty to one count of conspiracy to commit kidnapping, two counts of tampering with evidence and one count of conspiracy to commit tampering with evidence.

Cavasos had turned state's witness and testified against her co-defendants at several of the trials.

Anthony Sanchez struck the same deal with prosecutors and pleaded guilty to charges of aggravated assault with a deadly weapon and conspiracy to commit aggravated assault with a deadly weapon. He admitted that he stood guard over Lumsey for several minutes that day.

During the sentencing hearing, Lumsey's family spoke of the grief they've endured since her death and asked Pope to sentence each of the defendants to prison. They told the court that each played a role in her death and that they needed to be punished for their actions.

"Anthony Sanchez was at the wrong place at the wrong time," said Lumsey's niece, Darlene Ortiz, "His involvement in my aunt's murder was not as detailed as everyone else, but he's just as guilty as everyone else. He had the opportunity to pick up the phone and call 911, but he didn't do that."

Joanne Triviso, Lumsey's sister, told the judge that Sanchez should pay for what he did to her sister, and for what he failed to do to help her.

"Even when my sister was pleading for her life, he (Sanchez) didn't do anything," Triviso said.

Lumsey's older brother, William Valdez, told Pope that if Sanchez or any of the other defendants would have called the police and helped his sister, she would probably be alive today.

"We miss her, and we loved her," Valdez said.

Patsy Ortiz said of Cavasos that, while she was young when the incident occurred, she knew right from wrong and should have done something to save Lumsey.

"They hurt her so bad," Patsy Ortiz said of all those involved. "It's an open wound that we can never close. We will never be able to hear her laugh or see her smile."

Sanchez stood up in court and told the judge it's been difficult for him to go to court to testify, but mostly because he has had to face Lumsey's family.

"I don't know how to apologize and how to express my remorse for their loss," Sanchez said. "All I can say is I'm very, very sorry. I don't know where to begin or end as far as being able to tell Barbara Lumsey's family how very truly sorry I am."

Cavasos told the family that she too is "deeply sorry" for what she did that day and for not helping Lumsey. She told Pope that she hopes that, one day, the family will find it in their hearts to forgive her.

"I am doing things to fix what made me so scared that day," Cavasos told the judge.

Patricia Sipes, the last of the three defendants sentenced on Wednesday, didn't speak to the judge, but her attorney, Kathleen Rhinehart, read a letter written by Sipes.

"I know that nothing can ever erase what happened that night," Sipes wrote. "Although I can never hope for your forgiveness, I pray that one day you can have closure for your family."

Pope said while Esquibel may have manipulated his co-defendants that day, everyone knew what he was a capable of doing. He said this case, from the beginning, has perplexed him more than any other that he's presided over and he still doesn't understand the motivation behind Lumsey's death.

Sheila Bahney, 50, of Rio Communities, was also convicted by a jury last year of second-degree murder, kidnapping, conspiracy to commit kidnapping, aggravated arson, conspiracy to commit aggravated arson and tampering with evidence. She is currently serving a 55-year prison sentence.

Bahney's husband, Thomas, 57, entered a no-contest plea in March 2007 to first-degree felony murder. He was sentenced to life in prison.

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