Saturday, October 11, 2008

Manslaughter sentence handed down

Defendant originally told police it was a case of playing Russian roulette

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

A man who initially told police that his friend shot and killed himself during a game of Russian roulette last year was sentenced Friday morning to seven and one-half years in prison in connection with the death.

Damien Moyers, 25, of Los Lunas, entered an Alford plea last month to one count of voluntary manslaughter in the April 1, 2007, shooting death of 16-year-old Brad Avants, also of Los Lunas. He had also pleaded in an Alford to possession with intent to distribute marijuana.

An Alford plea means the defendant doesn't admit guilt, but concedes there is enough evidence to convict.

Valencia County Sheriff deputies initially reported that Moyers told them that he and Avants were playing Russian roulette in the bosque west of the River Park in Los Lunas, and that Avants shot himself in the head. But Detective Aaron Jones said Moyers, curious about how the investigation into his friend's death was proceeding, walked into the sheriff's department a few months later asking questions.

The detective said that during the spur-of-the-moment interview, he confronted Moyers with the evidence he had and what he could present to a jury. Jones said that Avants had been shot on the right side of his head and his family told the detective that he's left-handed and not coordinated enough with his right hand to do what Moyers initially told investigators.

The detective said Moyers told him during the interview that he shot Avants, but that it was an accident.

Moyers was arrested on June 20, 2007, minutes after the detective secured a warrant for his arrest. Jones said he saw Moyers and his girlfriend at Los Lunas Middle School and confronted him. As he was being taken into custody, Jones said, he found a large brick of marijuana in Moyer's left front pocket.

During the sentencing hearing, Avant's mother, Katherine McKenzie, and his father, Charles Avants, asked District Judge John Pope to give Moyers the maximum sentence.

McKenzie turned toward the defendant and showed him photos of her son and told him, "I would just like you to see what you've taken."

McKenzie read a poem written by her son and later finished by her after his death. She told the judge that, since her son was killed last year, there has been no peace in her life.

"I would not wish this on anyone, and some days I wish this on any one but me," McKenzie said. "That minute that you shot my son Brad, you killed me. I'm not the same person. You took my identity — I am Brad's mom. He was what I got right in this life."

Charles Avants said he didn't have anything to say to Moyers, but wanted the judge to know that he didn't approve of the plea agreement made in this case.

Moyer's mother, Gail, told Pope that her son has had a lot of problems, but that this case doesn't reflect who he is. The defendant's mother read aloud a letter she wrote to him, telling him that he should never give up and that his family will always support him.

Moyers, who cried during much of the testimony Friday, stood up while shackled and wearing his tan jail uniform and apologized to both his family as well as the victim's family.

"I'm truly sorry about Brad," Moyers said. "I know I have a lot of responsibility here, and that's why I was willing to take the plea for manslaughter. I know that if it wasn't for my drinking and my smoking dope and messing around with guns, Brad would still be alive today, but I'm not a killer."

Moyer's attorney Jeff Buckles asked Pope to sentence his client to Delancey Street, a treatment facility for substance abuse. He told the judge that there is no basis to prosecution claims that Moyer's is a "generally violent man."

Assistant District Attorney Judith Reed argued for the maximum sentence of seven and one half years behind bars. She said Moyers is dangerous and has a history of carrying guns.

"Nothing can compensate for a loss of life," Reed said.

Before handing down his ruling, Pope said while no one will really know what exactly happened that day, the circumstances surrounding the defendant's life concern him.

"I think he is remorseful," Pope said of Moyers. "And I hope that Brad's family can take solace in the fact that Damien Moyers is remorseful. I think Delancey Street is a very good program, but I don't think Mr. Moyers has shown the kind of maturity to take advantage of that program.

"It seems to me that he is a professional drug salesman," Pope added. "He's not a hard drug salesman, but that's what he's done with his done for the last several years of his life ... he sold drugs for a living and that's not a social, admirable or redeemable quality. He hasn't shown me that he's done anything else with his life."

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