Parole possible for killer after 10 years

Kim Smith

Friday, Dec. 8, 2000 | 10:41 a.m.

Claudia Vargas decorated her Christmas tree with angels this year. The angels, she told her children, represent their father, their guardian angel.

Vargas took the stand on Thursday to tell District Judge Joseph Bonaventure how difficult life has been since Sergio Hernandez, 22, took the life of her husband, Jose Vargas, 25, on Oct. 6.

Bonaventure had to decide Thursday whether Hernandez, who pleaded guilty to second-degree murder, should be sentenced to 25 years in prison or life in prison with parole possible after 10 years.

After hearing from Vargas and her sister-in-law, Cecilia Garcia, Bonaventure gave Hernandez the life sentence.

According to court testimony, Vargas and some friends were in the parking lot of the El Potrero bar on Sahara Avenue at Maryland Parkway when a fight erupted between them and two other men.

Vargas reportedly struck one of the men, causing him to fall. Hernandez then picked up the fallen man's gun and shot Vargas three times, twice after he had already fallen to the ground.

Hernandez ran away, but was caught by Vargas' friends, who beat him with the gun.

Hernandez's attorney, deputy public defender Jordan Savage, asked for the 25-year sentence, noting Hernandez's remorse and lack of a criminal record. He also noted Vargas' role in the events of that night.

Claudia Vargas said her 5-year-old son draped himself over his father's body at the funeral, crying inconsolably. Now, when he sees her crying, he talks about taking care of her and his 4-year-old sister because he is now the "man of the house."

Her 4-year-old always asks why the "bad man" shot her father and she doesn't know what to tell her, Claudia Vargas said.

Under the Christmas tree this year will be a stuffed Dalmatian for her with a note from her father, Claudia Vargas said.

She'll tell her little girl an angel brought it from heaven, she said.