BERNALILLO — Seventeen members of James Chavez’s family packed into their side of a Sandoval County courtroom Monday to witness the last chapter of a years-long court battle that already has resulted in one man getting life in prison.
John McDowell Jr., 36, was sentenced to 9½ years in prison, the maximum allowed under a plea agreement, for his part in Chavez’s death in July 2011. He was convicted of charges that included aggravated battery that resulted in great bodily harm, tampering with evidence and being a felon in possession of a firearm.
McDowell’s father, John “Jack” McDowell, a former State Police officer with ties to the Bandidos motorcycle gang, was sentenced to life in prison in early December for stabbing Chavez to death.
Prosecutors reached a plea agreement with McDowell’s son after they said a number of would-be witnesses declined to testify for fear of retaliation.
Police found 35-year-old Chavez dead in his foreclosed home on Idaho Creek Road in Rio Rancho in July 2011 after a woman called to report that he had been attacked.
According to court documents, the McDowells believed Chavez had stolen drugs, guns and other property from the Bandidos. The two were arrested in January 2013.
Chavez’s mother, Candice Dubois, described the anguish she and other relatives feel seeing McDowell and knowing that he could have, at the least, tried to prevent her son’s death.
Testimony during McDowell’s father’s trial determined that the younger McDowell was not in the home at the time Chavez died.
“As my son lay there, alone, stabbed to death, bleeding, dying … (McDowell) could have rendered aid or dialed three little numbers to bring help,” Dubois told Judge George Eichwald. “He had choices, and he made them — freely, willingly and deliberately. Everything he did, he chose.”
The defendant’s grandfather, also named John McDowell, said with Jack McDowell’s incarceration and his ailing health, he needed his grandson to come home.
McDowell’s young daughter said her father’s behavior changed dramatically since he got caught up in Chavez’s death. He’s less angry and more open, she said.
McDowell spoke before the sentencing, apologizing to Chavez’s family and asking Eichwald for another chance.
He said he had been clean of methamphetamine during his two-year stint in Sandoval County Detention Center. He said he could have gotten meth if he had wanted to.
“My children — they need to have their dad out there, too,” he said.
Eichwald, however, cited McDowell’s criminal history and said he believes McDowell could have faced his father’s fate if he had gone before a jury. He asked McDowell to consider the effect the crime had on both families.
“You know what’s really sad about this whole case, Mr. McDowell?” Eichwald asked the defendant. “James Chavez is dead, and your dad is in prison for life.”
In addition to the 9½ years, McDowell will undergo a year on supervised parole after his release, Eichwald ordered.
With credit for time served and good-time credit, Eichwald guessed that, if McDowell exhibits good behavior behind bars, he could end up being released in as little as four years.
http://www.rrobserver.com/news/local/article_a868883a-f37a-11e4-b64d-77269ad3cc1d.html
John McDowell Jr., 36, was sentenced to 9½ years in prison, the maximum allowed under a plea agreement, for his part in Chavez’s death in July 2011. He was convicted of charges that included aggravated battery that resulted in great bodily harm, tampering with evidence and being a felon in possession of a firearm.
McDowell’s father, John “Jack” McDowell, a former State Police officer with ties to the Bandidos motorcycle gang, was sentenced to life in prison in early December for stabbing Chavez to death.
Prosecutors reached a plea agreement with McDowell’s son after they said a number of would-be witnesses declined to testify for fear of retaliation.
Police found 35-year-old Chavez dead in his foreclosed home on Idaho Creek Road in Rio Rancho in July 2011 after a woman called to report that he had been attacked.
According to court documents, the McDowells believed Chavez had stolen drugs, guns and other property from the Bandidos. The two were arrested in January 2013.
Chavez’s mother, Candice Dubois, described the anguish she and other relatives feel seeing McDowell and knowing that he could have, at the least, tried to prevent her son’s death.
Testimony during McDowell’s father’s trial determined that the younger McDowell was not in the home at the time Chavez died.
“As my son lay there, alone, stabbed to death, bleeding, dying … (McDowell) could have rendered aid or dialed three little numbers to bring help,” Dubois told Judge George Eichwald. “He had choices, and he made them — freely, willingly and deliberately. Everything he did, he chose.”
The defendant’s grandfather, also named John McDowell, said with Jack McDowell’s incarceration and his ailing health, he needed his grandson to come home.
McDowell’s young daughter said her father’s behavior changed dramatically since he got caught up in Chavez’s death. He’s less angry and more open, she said.
McDowell spoke before the sentencing, apologizing to Chavez’s family and asking Eichwald for another chance.
He said he had been clean of methamphetamine during his two-year stint in Sandoval County Detention Center. He said he could have gotten meth if he had wanted to.
“My children — they need to have their dad out there, too,” he said.
Eichwald, however, cited McDowell’s criminal history and said he believes McDowell could have faced his father’s fate if he had gone before a jury. He asked McDowell to consider the effect the crime had on both families.
“You know what’s really sad about this whole case, Mr. McDowell?” Eichwald asked the defendant. “James Chavez is dead, and your dad is in prison for life.”
In addition to the 9½ years, McDowell will undergo a year on supervised parole after his release, Eichwald ordered.
With credit for time served and good-time credit, Eichwald guessed that, if McDowell exhibits good behavior behind bars, he could end up being released in as little as four years.
http://www.rrobserver.com/news/local/article_a868883a-f37a-11e4-b64d-77269ad3cc1d.html
