Press Release
FOR IMMEDIATE RELEASE
Date: 05/28/04

Contact person(s):

Media Coordinator, Donna Edwards - 565-3099 Media Spokesperson, Chief Deputy Larry Scoufos Deputy District Attorney: Robert LaForge

Santa Rosa, Sonoma County, California

Defendant Sentenced to 21 Years for Killing Market Employee

Judge Dean Beaupre sentenced Rafael Rivas to state prison for the maximum term of 21 years for his involvement in the June 3, 1999 shooting death of Azteca Market assistant manager Hector Montoya-Lara. Rivas and a second suspect, yet to be identified, entered the market near closing time in an attempt to rob the manager and assistant manager of the day’s receipts. The robbers were wearing masks at the time. Montoya-Lara was shot and killed by Rivas during the robbery attempt. Both Rivas and his accomplice fled without taking any money.

Although Rivas was considered to be a suspect during the investigation, charges were not formally filed against him until November 2002. At that time Santa Rosa Police Detective Les Vanderpool received additional information from an informant. The informant stated that Rivas admitted that he killed the assistant manager. He claimed the gun accidentally discharged. Rivas was seventeen years old at the time of the offense. However, he was prosecuted as an adult in criminal court.

Rivas pled no contest to voluntary manslaughter in November 2003. He also admitted that he personally used a firearm at the time. He will have to serve 85% of his sentence before he is eligible for parole.

Deputy District Attorney Robert LaForge was the assigned prosecutor on the case. He was assisted by District Attorney Investigator John Kilass and District Attorney Legal Assistant Dava Kohlman.