Gunman in Westside drive-by sentenced

Deepa Bharath

SANTA ANA -- An agitated gang member who blindly fired a round of

bullets into a Westside garage that tore through a 15-year-old girl and

her unborn child killing both, was sentenced Friday to 35 years to life

in state prison.

Eduardo Yepez Guerrero, 20, plead guilty in July to two counts of

second-degree murder and a charge of committing murder for the benefit of

a street gang in the May 29, 1999 murder of Yuridia Balbuena and her

fetus.

Balbuena was then seven months pregnant. The three-pound baby lived

for nearly nine hours after doctors performed an emergency caesarean.

Guerrero’s attorney said his client shot through the garage hoping to

kill Balbuena’s brother Armando Balbuena or her fiance Omar Garcia, who

were both allegedly members of a rival gang.

Prosecutors say Guerrero could have gotten the same sentence or even

worse if the case had gone to trial.

“Even now, it doesn’t mean he will get out in 35 years,” said Deputy

Dist. Atty. Paul Odwald, who prosecuted the case.

A sentence of 35 years to life means he will serve a minimum of 35

years and a maximum of life for the crimes, Odwald said. He will become

eligible for parole only after 35 years.

“I’m confident that given the nature of his crimes and the gang

enhancement, he is a poor candidate for parole,” Odwald said. “He is

going to spend the rest of his life in prison.”

Oswald said justice has been served and that the district attorney did

not seek the death penalty considering the facts of the case and

Guerrero’s age. He was only 18 when he committed the crimes.

Alternate Defender Michael Giannini said he has hope for his client.

“This is an overwhelmingly tragic case,” he said. “[Guerrero] is going

to spend a huge chunk of his life in prison, but he does have the

opportunity to get out at some time.”

Members of Balbuena’s family did not attend the sentencing Friday, but

Giannini said the judge allowed Guerrero to talk to his mother.

“She can’t drive, so it’s hard to tell if she’ll ever see her son

again,” Giannini said.

Odwald commended the Costa Mesa Police Department for solving a tough

case. Authorities were stymied for two months trying to find Balbuena’s

killer. Police handed out fliers offering a $25,000 reward in and around

the Westside neighborhood where Balbuena and her family lived.

Soon after, leads came pouring in and Guerrero was arrested in July

2000.

“They did a fine job in investigating the case,” Odwald said. “They

followed leads and help us get a conviction.”