COMMUTATION
Esteban Nunez
On October 4, 2008, Esteban Nunez and Ryan Jett fought with Luis Dos Santos and several
others near San Diego State University. During the fight, Jett stabbed Santos to death with a
knife. Nunez did not kill Santos. Both Jett and Nunez entered a plea agreement and were
convicted for voluntary manslaughter and sentenced to the maximum term in State prison.
Santos’s death is tragic, and I do not discount the gravity of the offense. But given Nunez’s
limited role in Santos’s death, and considering that, unlike Jett, Nunez had no criminal record
prior to this offense, I believe Nunez’s sentence is excessive. Accordingly, I commute Nunez’s
sentence to the lower term for the crimes for which he was convicted: seven years in State
prison.
According to the probation report, around the time of the offense, Nunez, Jett, Rafael Garcia,
and Leshanor Thomas drank alcohol and went to a college fraternity party. They were not
admitted to the party, and they left. They drank some more, and they talked about fighting
someone. At some point, Jett saw Santos and Brandon Scheerer on the university campus.
Jett yelled at them and threw up his hands. Led by Jett, they confronted Santos and Scheerer.
Santos and Scheerer ran off in opposite directions. Santos met up with Keith Robertson, Evan
Henderson, and another person named Jason. Santos was panicked, and he said that they
were “about to be jumped by four or five guys.” Santos, Robertson, Henderson, and Jason
walked down a street to find Scheerer. At that time, Jett confronted Santos, and a fight broke
out between the two groups. Both groups had been drinking throughout the evening. The fight
occurred sometime after 2:00 a.m, and lasted between 30 and 45 seconds.
Not surprisingly, there are different versions of the fight. However, the following key facts are
not in dispute: During the fight, Jett stabbed Santos once through the chest, severing his heart.
Robertson and Henderson were also stabbed. According to Nunez’s sentencing brief, Nunez
admitted he stabbed Henderson in the stomach. Scheerer also joined the fight, and Thomas
punched him in the eye.
Jett, Nunez, Garcia, and Thomas left the scene. Thomas drove the group to Sacramento.
Once there, they went to the Sacramento River, burned their clothes, and threw their knives in
the river. Nunez was 19 years old at the time of the offense, and he had no previous criminal record. He
subsequently pled guilty to voluntary manslaughter with the use of a knife. He also pled guilty to
assaulting Henderson and Robertson with a deadly weapon, and he admitted that he inflicted
great bodily injury on Henderson and Robertson. Nunez was sentenced to an aggregate term
of 16 years in state prison. The court imposed the maximum 11-year sentence for voluntary
manslaughter, plus one year for using a knife. The court also sentenced Nunez to one year for
assaulting Henderson with a deadly weapon, plus one year for inflicting great bodily injury.
Similarly, the court sentenced Nunez to one year for assaulting Robertson with a deadly
weapon, plus one year for inflicting great bodily injury.
Having been once convicted of a felony, Nunez applied for a commutation of his sentence on
the ground that his sentence is disproportionate in comparison to Jett’s sentence.
Like Nunez, Jett also pled guilty to voluntary manslaughter with the use of a knife and two
counts of assault with a deadly weapon, each enhanced for inflicting great bodily injury. And
like Nunez, Jett was sentenced to 16 years in state prison. He too received the maximum 11-
year term for voluntary manslaughter.
But at Jett’s sentencing hearing, the court told Jett, “I believe a fair reading of the evidence,
including logical inferences from the circumstantial evidence, is that you were the person that
actually caused the death of Mr. Dos Santos by inflicting the knife wound to his chest area.”
The court also said that Jett “killed Luis Dos Santos. He severed his heart. He cut through the
ribs.” In addition, Jett was identified as occupying a position of leadership in the offense. “I
believe,” the court said, “that the best evidence is that you were the person who started the
confrontation, if you will, and confronted Mr. Santos.”
On the other hand, the court acknowledged at Nunez’s sentencing hearing that Nunez, “pled to
aiding and abetting” in the death of Santos. He was not the actual killer. But despite the
evidence that Jett was a leader and instigator in the offense, and that he stabbed and killed
Santos, the court sentenced Nunez to the same maximum prison sentence as Jett.
Moreover, Nunez and Jett had very different criminal backgrounds, and this fact deserved
greater weight at Nunez’s sentencing. This offense was Nunez’s first, and he had no prior
criminal record. In contrast, the court told Jett at his sentencing hearing, “Your convictions as
an adult are numerous and in increasing seriousness.” The court also noted that Jett was on
probation at the time of the offense, and that he had been given chances on probation and to
rehabilitate himself. But, the court indicated, his performance, “quite frankly, is a dismal failure.”
Considering Nunez’s limited role in the killing and his clean prior criminal record, I believe his
sentence is disproportionate in comparison to Jett’s. The lower terms for voluntary
manslaughter (three years) and assault with a deadly weapon (1′.’10 years each) would be more
appropriate in light of these differences.
NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State of California, in
accordance with the authority vested in me by the Constitution and statutes of the State of
California, hereby commute Esteban Nunez’s 16-year sentence to seven years in State prison.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State
of California to be affixed this 31st day of December, 2010.
ARNOLD SCHWARZENEGGER
Governor of California
ATTEST:
DEBRA BOWEN
Secretary of State
I think that Ron fails to mention that Esteban Nuñez is the son of the past Assembly Speaker Fabian Nuñez. Power responds to power and I wonder what backroom deal was cut to make this miracle.
And you thought feudalism and Papal Bulls were things of the past….
Some pigs are more equal than others.
This recital by Schwarzenegger in support of his commutation of the sentence is both, one of the most corrupt actions related to political associations and one of the most transparent presentations of a politician, actually reaching an end by twisting the means.
Arnold now has shown he’s just one of the boys, adding his last-minute action to his legacy as governor.
In this case, Arnold replaces the operations of the judicial processes with his own judgment that totally undermines any notions of justice being served in this crime.
In the early stages of the case, dad Fabian Nunez got his pal, our mayor, Villaraigosa, to write a letter to the judge attesting to the good character of Esteban Nunez.
What happened now is Fabian Nunez’ continuation of tapping on friends of authority for favors.
The idea of being the “first offense” might work for speeding tickets, but you have a dead victim and a lighter sentence for “the first” time in a case of an unlawful killing doesn’t fly. I think I saw somewhere that most murders were the first ones for the perpetrators.
And Arnold’s apportionment of blameworthiness is absured here. Being involved in the joint enterpise and being held accountable equally with the co-participants is punished this way to DISCOURAGE people from getting together and acting with such disregard for the safety of others.
All this tells you is that there is no shame in pulling strings at this level and it’s probably even less of any ethical concern outside of the criminal law arena, with simple matters of money and power traded upon without any second thoughts. Arnold’s the criminal here.
This case just happens to be so blatantly a case of having the right connections at the right time. Swarzenegger went to far here, and although it’s legal, it’s totally a slap in the face to the judicial system, bypassing it without recourse, and an insult to the parents of the victim. The were never notified by the governor’s office of this action. The father learned of this as a reporter called him for his reaction.
Esteban Nunez was shown to be arrogant and defiant in his conduct before the case came up, loudly making reference to his father’s political status. He had a big case an attitude of entitlement and now sees, as we all do, that you don’t have to answer rightfully if your dad has connections.
He should have had more than the 16 years in the first place but he plea bargained to get THAT.
This recital by Schwarzenegger in support of his commutation of the sentence is both, one of the most corrupt actions related to political associations and one of the most transparent presentations of a politician, actually reaching an end by twisting the means.
Arnold now has shown he’s just one of the boys, adding his last-minute action to his legacy as governor.
In this case, Arnold replaces the operations of the judicial processes with his own judgment that totally undermines any notions of justice being served in this crime.
In the early stages of the case, dad Fabian Nunez got his pal, our mayor, Villaraigosa, to write a letter to the judge attesting to the good character of Esteban Nunez.
What happened now is Fabian Nunez’ continuation of tapping on friends of authority for favors.
The idea of being the “first offense” might work for speeding tickets, but you have a dead victim and a lighter sentence for “the first” time in a case of an unlawful killing doesn’t fly. I think I saw somewhere that most murders were the first ones for the perpetrators.
And Arnold’s apportionment of blameworthiness is absured here. Being involved in the joint enterpise and being held accountable equally with the co-participants is punished this way to DISCOURAGE people from getting together and acting with such disregard for the safety of others.
All this tells you is that there is no shame in pulling strings at this level and it’s probably even less of any ethical concern outside of the criminal law arena, with simple matters of money and power traded upon without any second thoughts. Arnold’s the criminal here.
This case just happens to be so blatantly a case of having the right connections at the right time. Swarzenegger went to far here, and although it’s legal, it’s totally a slap in the face to the judicial system, bypassing it without recourse, and an insult to the parents of the victim. The were never notified by the governor’s office of this action. The father learned of this as a reporter called him for his reaction.
Esteban Nunez was shown to be arrogant and defiant in his conduct before the case came up, loudly making reference to his father’s political status. He had a big case an attitude of entitlement and now sees, as we all do, that you don’t have to answer rightfully if your dad has connections.
He should have had more than the 16 years in the first place but he plea bargained to get THAT.
Governor Swartzenegger’s 11th hour commutation of the murder conviction and sentence of the son of former Speaker Fabian Nunez deserves but one short response from the People at every opportunity in his remaining public life:
Fuck the Governor.
Arnold thinks he may get back into movies. I say when he comes to LA boo his sorry ass where ever you see him. Boycott anything he does. I haven’t heard so many angry people since just last Friday when everyone was screaming about the incompetent clowns we have on council and the Failure of a Mayor. Add to that equation of idots ARnold and Fabian. His son will be released early and is a violent person. He will be a repeat offender and all we have to do is wait for KARMA
Politicians just can’t stop shocking us with lowering the bar even lower. Arnold’s movies, and anything with his name is TRASH and I’m removing it all from the house so I can throw it in front of his palace somewhere in L.A. which won’t be hard to find.
We need a rally in front of his home whereby all Angelinos give back his movies and crap we own with his rotten name and image on and remove it from all of our homes. It’s Arnold who sold out ALL HUMAN BEINGS for cash, corruption, and spat on every victim and every parent of a child who had to pay for and bury a kid lost to gang violence.
Most of these killers go free, but some get caught and go free after witnesses don’t testify to avoid certain death or violence if they do!
Nunez’ fithly offspring got convicted, and got a slap on the wrist for a mere 16 year sentence for collaborating, and stabbing too!
Arnold didn’t want to leave office, however, by just pissing off every business owner, property owner, and taxpayer trying to stay alive here. No, he WENT ALL THE GOD DAMN WAY down the rathole of life by doing this disgraceful act of sabotage to the victims’ family!
These criminal politicians now have served notice that they’ll kill your business, destroy your kids and home, and now they’ll just have their family and friends kill and then get them off for murder 1 now. Politicians are now officially at WAR with the rest of the populace. They know they’ve bankrupted us all, they know the official default is comming, so Arnold kicked it all off by letting the Little Killer Boy off in 1/2 the time, after making a mockery of the ‘criminal justice system’ beforehand.
Jameel Shaw paid for this corrrupt system of Government with his life too. A corrupt Sheriff Baca let a killer free BECAUSE he was an illegal and didn’t want to bother ICE with all that paperwork stuff.
Thousands of other poor people who are mostly Black and Latino have watched kids get gunned down and stabbed to death.
Arnold never considered that the father had to take his son’s body to the Mortuary, pick out a casket, pick out a gravesite, make viewing arrangements, to the tune of 5-15 grand! Did Arnold in his commutation make RESTITUTION for at least the funeral costs FOR THE VICTIM?
Now after all this crap, the VICTIMS’ FAMILIES’ have to watch in horror as this thug’s family gets him off in 1/2 the time?
Arnold should be required to give every damn cent he owns to that family for the damage he did to them with this outrageous abuse of power and corruption! This wasn’t a “commutation” or a
“pardon,” no it was a DOLSCHSTOSS, OR WHAT THE GERMANS CALL “A STAB IN THE BACK!”
DOLSCHSTOSS ARNOLD!
Not only is he politically corrupt – he is morally and ethically bankrupt! My heart breaks for the family of this lovely young boy who was so brutally killed by a gang of privileged street thugs! The father was interviewed today and said that no one in the Nunez family had the decency to contact him to offer their sympathies or aid. How callous!
I hope I never have the occasion to cross paths with Schwarzenegger…I would have no compunction about telling him how I feel, even it resulted in jail-time! He’s despicable!
I pity his children – their father is a political whore!
What would you expect from a hoodlum? Check his background. A Venice thug. Birds of a feather.
I really like the idea of a “Recall on Every Product With Arnold Swartzenegger on it. Let’s find a location for a rally and the gathering of Arnold’s trash to be hauled off to the dump. Any suggestions?
Its sickening to see how corrupt and unethical our politicians are. Finally the media is reporting on this bullshit. I would like a psychologist to give their opinion as to how these corrupt, losers called politicians became so bad they behave without a conscience. Do they come from abusive homes, no fathers as role models, drugged out mothers, …..Their lack of ethics, morals, leadership, all stem from parenting. What the hell did their parents do to raise to become such screwed up individuals who care about no one else but themselves, who have a narcissitic ego, who can be so corrupt, sneaky, lying bastards and not think twice about how they are hurting the People of Los Angeles.
Too bad Maria Shriver’s husband Arnold isn’t a role model for their own kids. Arnold has shown his kids how to behave badly, be corrupt and make sure your political pals are taken care of at any cost. Arnold put public safety at risk by reducing the prison time of a known, dangerous violent criminal Esteban Nunez who will be released early and back on our streets committing more violent crimeswith an attitude because Daddy helped him.
Maria Shriver tweets: “I want to thank the CHP who protected us for 7 years. They were great role models to my kids. Hard working, honest, ethical men and women.”
We live in the Middle Ages.
Royalty does whatever it wants.
Time for some pitchforks and torches, metaphorically speaking.
I agree with every word “Wayne from Encino” said.
I am embarrassed and sorry that I voted for that poor excuse of a man and Governor. I am trashing all memorabilia that has anything to do with that disgusting sell out jerk! OMG, he’s raising four children, I hope they don’t turn out like him. He’s pathetic, he’s sold his soul to the devil, and for what? Nobody will ever trust him again regarding anything! Farewell forever, the Terminator has been Terminated by his own hand because of his tragic, selfish decision. His legacy sucks!Good Bye and Good Riddance.
My sincere condolence to the victim’s family, friends and all members of law enforcement.
Fabian Nunez is still feeding off the public trough. He should be kicked out of any taxpayer funded position.
The Governor has simplified things for me. Next time I’m on Jury Duty, I’ll apply his logic and ignore the Courtroom instructions. Over 10 years back, I was a part of jurors to try two gang bangers in downtown LA Criminal Court, one who killed a passing motorist and the accomplice. We got the accomplice whose sole crime was handing over the sawed-off gun to the killer in the front seat. Based on the narrow instructions provided to us, he was found guilty to serve 20 years.
Now, we’ve been made aware that based on the Governor’s logic, it is OK to stab two people like Nunez’s son did, and if they don’t die there is little crime. Wasn’t our Mayor among 70 other powerful people who agreed with this. Meanwhile, the shrieks of that teen’s family when found guilty will forever haunt me. I did not know then, what I know now that there are two systems of justice; one for the poor and the other for the privileged.
California has a new term:
THUG-TOCRACY!
Here’s some questions for the San Diego D.A. who is going to see if she can reverse this filthy rotten Arnold decision:
1/ The convicted THUG and buddies carried knives into a college! Did the VICTIMS HAVE KNIVES TOO?
2/ Why wasn’t the STABBING OF THE OTHER 2 VICTIMS BY THE CONVICTED DIRTBAG 2 CHARGES OF ATTEMPTED MURDER WITH USE OF A DEADLY WEAPON?
3/ How at 3am drunk and after the crime, did the then 19 year old thug decide to take his friends and DRIVE THAT NIGHT ALL THE WAY FROM SAN DIEGO TO SACRAMENTO COUNTY TO BURN THEIR CLOTHES AND DISPOSE OF THE MURDER WEAPONS?
4/ Was Fabian Nunez directing his son that night to run to Sacramento COUNTY so as to help his little “boy” out of this? If he was, isn’t that ACCESSORY TO A CRIME?
Walter Moore is right, we’re back in olden times now with this THUGTOCRACY.
Here’s the problem: If this continues, then what happens when the overtaxed lower classes take all matters into their own hands and ditch the Government-Ran Justice System? This is the biggest threat to all of us here.
Come on, people. Money & power talk. Remember Kennedy & Chappaquick or when Villar, Mahoney & Co wrote letters to Clinton on behalf of another young thug Vignali?
The problem is that the daddy Fabian is going to run for another state office or maybe even a mayor. Are you going to vote AGAINST him? Precisely that, doesn’t matter who runs against him, are you READY to just tell him NO?
Nah, you all whine but will vote for the Fabian thug. Didn’t you re-elect Villar?