Schwarzenegger Sued Over Commuting Sentence Of Lawmaker’s Son

SACRAMENTO, Calif. (AP) — Former California Assembly Speaker Fabian Nunez said Monday that his son’s manslaughter sentence last year in the stabbing death of a 22-year-old college student was politically motivated, angering the parents of the victim.

The parents are suing the state and former Gov. Arnold Schwarzenegger, claiming that he violated state law when he failed to notify them that he was reducing Esteban Nunez’s sentence from 16 years to seven just hours before leaving office.

Outside the first court hearing in the case, Fabian Nunez said his son received a tougher sentence because of his father’s political career and the district attorney’s ambitions.

“When you’re dealing with a district attorney like we did in San Diego, who clearly, you know, has aspirations and has always had aspirations for higher office, the approach that they took to my son’s case, and in particular to him, irrespective of the facts of the actual case — they picked on my son from day one,” said Nunez, a Los Angeles Democrat who was termed out of office in 2008.

“You add up an overzealous district attorney with a judge in San Diego who represented that he would, my son, get a much lower sentence and then went back on his word — that’s why we are where we are. It’s just a horrible tragedy all around and I feel horrible,” Nunez said.

Bonnie Dumanis, the San Diego district attorney who prosecuted the case, is now running for mayor of the city. In a statement released by her office, Dumanis said the sole purpose of the criminal prosecution and a separate civil case filed by her office seeking to overturn the sentence commutation was to bring justice to the victims of the crime.

“The DA’s office makes prosecutorial decisions based on the evidence and the law, treating defendants the same regardless of who they may be related to,” she said. “Unfortunately, the governor didn’t do the same and his last-minute commutation greatly diminished justice and outraged the community. We’re trying to right that wrong.”

Nunez also called the lawsuit filed by the family a waste of taxpayers’ money and said he believes California’s victims’ rights statute known as Marsy’s Law, which voters approved in 2008, does not apply to the governor’s power to commute or pardon sentences.

The family of Luis Santos, who was stabbed to death after being attacked by Esteban Nunez and three friends in San Diego, was just steps away from the elder Nunez as he spoke to reporters in the small waiting area outside a Sacramento County courtroom.

Luis’ father, Fred Santos, said it was Nunez who made the case political by asking the Republican governor to spare his son a longer prison term. The speaker of the Assembly is one of the most powerful positions in state government.

“He did politicize this process, we did not politicize this process. We’re just regular citizens. We have no pull with any politicians. He’s the politician,” Santos said. “He’s the one with the weight and the pull that made a sitting governor break the law and reduce his son’s sentence. That’s the political process he was talking about.

“Yes, it is politicized — but by him not by us,” he said.

In court, Sacramento County Superior Court Judge Shelleyanne Chang listened to arguments from Seth Goldstein, an attorney with the state Attorney General’s office, which is seeking to have the case thrown out. Chang issued a tentative ruling siding with the Santos family, but did not issue an official decision.

Schwarzenegger acknowledged in an interview with Newsweek magazine published in April that he made a mistake in not notifying Santos’ parents about the commutation, but said he still felt good about the decision.

“I happen to know the kid really well. I don’t apologize about it . There’s criticism out there. I think it’s just because of our working relationship and all that. It maybe was kind of saying, `That’s why he did it.’ Well, hello! I mean, of course you help a friend,” he said.

In a statement accompanying his decision on his final day in office, Schwarzenegger said Nunez’ 16-year sentence was “excessive,” in part because he had no prior criminal record and did not inflict the fatal wound on Santos, who was unarmed. Nunez did stab two others during the fight that broke out after Nunez and his friends were kicked out of a fraternity party at San Diego’s Mesa College.

Soon after the crime, co-defendant Leshanor Thomas told police that Esteban Nunez had assured him he would “take the rap” for whatever happened and that “hopefully his dad would take care of it and could get them off on self-defense,” court documents said.

To avoid the possibility of getting a life term if the case went to trial, Esteban Nunez pleaded guilty to voluntary manslaughter and two counts of assault in 2009.

(Copyright 2011 by The Associated Press. All Rights Reserved.)

  • Mace

    LOL..get his ass

    • joe

      Mace = Moron.

  • pynaetlb

    The Schwartz should serve Nunez’s remaining time.

  • Karen

    I agree Mace. I for one will NEVER pay $ to see a Schwarzenegger movie. Not only for what he did to his family, but also what he didnt do for State of California and the family of the slain teenager.

  • jackie

    I thought the young men had a fight and that one died of his injuries, need more information before passing judgement

  • Yvonne Travers

    Stupid Californians!
    Voting for Arnold to be governor of the Liberally controlled state was like making him the Captain of the Titanic while it was being crewed by the 3 Stooges.

    • Mandy


  • Lee

    Arnold is a Joke…

  • Lee

    his son should hang for this…I’m serious…

    • Mandy

      If you mean Arnold’s son, that is a very very mean thing to wish for. It’s not his son’s fault for what Arnold did or didn’t do! You’re evil!

  • Max

    Problems just won’t stop for Arnold, it is just following him around.

  • crimevictims

    Guess who is doing the exact same thing in LA. Alan Jackson – Candidate for District Attorney of Los Angeles in 2012. Republican’s behaving badly!

  • Fred

    Nunez was the author of AB32 – the stupid law that allows CARB to regulate GHG emissions. This plan was Arnie’s approach to become an enviromental hero on the mold of that fraud Al Gore. He paid Nunez back for delivering a platform for his future political career. Only problem is he got caught cheating on a Kennedy and has no future political career, but we Californians get stuck with the ARB jihad on GHG, which will result in lost businesses, more unemployment, higher prices, all with zero impact on alleged global warming. Gray Davis was horrible – in the long run Arnie may prove to be worse for the future of CA. And for the avoidance of doubt – I generally vote Republican. As Stal Laurel said “A fine mess you have gotten us into Ollie”

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