Court upholds 11 convictions against Guerrero

Friday, June 17, 2005 | 9:50 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court on Wednesday upheld 11 convictions of Pablo R. Guerrero for his part in a robbery, the kidnapping of his estranged wife and the attempted murder of his sister-in-law in Las Vegas in 2001.

Guerrero, now 26, was sentenced to 30 years to life in prison in March 2004, but the court voided the one conviction of conspiracy to commit robbery that carried consecutive sentences of 24-60 months.

The court rejected Guerrero's argument that there was insufficient evidence to convict him of conspiracy to commit burglary, first degree kidnapping of his estranged wife, Brenda Gallardo, and the attempted murder of 17-year-old Sonia Gallardo, Brenda's sister.

In its opinion, the court said Guerrero was angry his estranged wife was using a cell phone to talk to other men. Guerrero and Eriberto Leon arrived at the home Brenda was staying at. Guerrero intended to take Brenda to Mexico and she was tied up and put in a van. He drove to a school to pick up Sonia.

Guerrero returned to the home where Sonia was dropped off. Leon was still there. Leon, who is now 19-years-old, ordered Sonia upstairs, pushed her to the floor, covered her face with a baby blanket and shot her in the head. But she survived.

Guerrero in the meantime had left but was arrested on Interstate 15 near Victorville, Calif. Leon was arrested in Las Vegas.

Guerrero, in his appeal, said there should have been separate trials because the two men "presented antagonistic defenses." He said he did not know about Leon's plan to kill Sonia. Leon maintained he shot Sonia on orders from Guerrero.

The court said the two men were charged together as co-conspirators and it was proper to try them together. And it said Guerrero never made a motion for a separate trial.

It said the decision of District Judge Lee Gates to try the two together was not an abuse of discretion.

Leon also received a similar sentence of 30 years to life in prison. Leon is at the High Desert State Prison in Clark County and Guerrero is confined at the state prison in Carson City.