Six-month jail sentence levied in fatal shooting

Kim Smith

Wednesday, Oct. 23, 2002 | 9:49 a.m.

A 40-year-old Las Vegas man who shot his fiancee's brother to death during a struggle over a gun was sentenced to six months in jail and five years' probation Tuesday.

Defense attorney James Leavitt had asked District Judge Michael Cherry to give Danilo DelRosario probation only, but Cherry said he believes some jail time is appropriate.

DelRosario had pleaded for leniency, telling Cherry that his victim was "like a little brother to me." He also said he wanted the chance to reimburse the victim's family the $10,000 it cost them for funeral expenses.

"I am very, very sorry," DelRosario said.

Should DelRosario fail to live up to the terms of his probation, he could receive a prison sentence of up to four years.

Leavitt said that after learning of his father's death in the Philippines on July 30, 2001, DelRosario drank more than a liter of tequila with his future brother-in-law, Joel Aguilar, 28.

At one point, DelRosario fired his gun into the ceiling and then pointed it at his head. When Aguilar, his fiancee and others attempted to wrest the gun away from DelRosario, it went off and Aguilar was shot in the chest and killed.

DelRosario was initially charged with murder because Nevada law states that someone who kills someone involuntarily during a crime that, by its very nature, could result in the loss of life, is guilty of second-degree murder.

It is a crime to be in possession of a weapon while intoxicated.

DelRosario ended up pleading guilty to involuntary manslaughter and could have received a one to four-year prison term.

Chief Deputy District Attorney Scott Mitchell asked that DelRosario be sent to prison, arguing that DelRosario's grief did not justify his behavior.

Aguilar did not get drunk that night, nor did he wave a gun around, Mitchell said.