PHOENIX (AZFamily) — The man who attacked his son-in-law’s killer inside a Maricopa County courtroom this week could face prosecution in Gila County, and the outcome could affect more than his freedom.
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The attack happened moments after Alberto Ontiveros-Sanchez delivered an emotional statement about his son-in-law’s killing.
“I am asking for the gentleman who did this. For him to be in jail for life,” Ontiveros-Sanchez said in court.
What happened in court
Abel Uribe was in court to be sentenced to life in prison for murdering David Navidad-Parra, a West Point graduate and Army veteran.
As Ontiveros-Sanchez walked back toward the gallery, he turned and punched Uribe four or five times.
“Counsel, counsel, take your folks outside. Everyone outside. Outside. Get out,” the judge could be heard saying in the sentencing video.
Charges and case transfer
Ontiveros-Sanchez now faces charges of aggravated assault of a bound or restrained victim, fighting and interfering with a judicial proceeding.
A Maricopa County Attorney’s Office spokesperson said the office was conflicted off the case, and Gila County has agreed to review it.
Ontiveros-Sanchez appeared before a judge Thursday morning. He was released on his own recognizance.
Arizona’s Family tried to speak with Ontiveros-Sanchez Friday but instead spoke with his son.
“He regrets doing what he did. He just doesn’t want to talk about it,” the son said.
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Possible immigration consequences
Criminal defense attorney Russ Richelsoph, who is not associated with the case, said the charge could elevate the assault from a misdemeanor to a felony.
“So when you assault somebody who’s physically restrained, that can make the assault, make it go from a misdemeanor to a felony assault. So the first thing is, how is Gila County going to charge this?” Richelsoph said.
Richelsoph said Ontiveros-Sanchez, a permanent legal resident, could face immigration consequences if the case becomes a conviction for an aggravated felony.
“That would be what in immigration courts is considered an aggravated felony, an aggravated felony could make somebody immediately deportable,” Richelsoph said.
Richelsoph said if the charge were downgraded to a misdemeanor, it would not mean automatic deportation, but it could make the renewal process more difficult.
“I think anybody who watches this video can understand where the father-in-law was coming from, why he would lose his temper at a moment like this,” Richelsoph said.
Next steps
Gila County must decide whether to prosecute and what charges to file.
Alberto and his entire family continue to experience immeasurable pain following David’s death. I believe anyone with a beating heart can appreciate this. Alberto is a dedicated husband, father, and grandfather. He lost his son. Grief can be overwhelming for anyone who has experienced the loss of a loved one, especially in such a sudden and violent manner. At this time, I ask that the family be allowed to grieve and heal privately.”
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