Family Claims Son's Killer Set Free By Schwarzenegger Without Informing Them
SACRAMENTO (CBS13) — A convicted killer who is the son of a former California Assembly speaker could be a free man by this time next year after a decision by then-Gov. Arnold Schwarzenegger at the end of his term.
Esteban Nunez was sentenced to 16 years in prison for murder, but on his last day as governor, Schwarzenegger cut his sentence by more than half.
On the steps of the 3rd District Court of Appeal in Sacramento Fred and Kathy Santos share the story of their son. Luis Santos was stabbed to death at San Diego State seven years ago.
"It's just a bad dream. Its unbelievable that this could've happened," she said. "We've seen a lot and experienced a lot and don't wish it on anybody."
One of the suspects arrested and convicted was Nunez, the son of former California Assembly Speaker Fabian Nunez. Esteban was sentenced to 16 years in state prison.
But in a move many saw as a political favor, Schwarzenegger reduced the manslaughter sentenced to seven years, meaning Esteban could walk free next April.
Santos' parents are arguing that Schwarzenegger violated Marcy's Law, which gives victims' families an opportunity to be notified when a parolee is released early and a chance to be heard at the proceedings.
Neither happened.
"It just makes no sense that this was allowed," Kathy Santos said.
The state argues the governor's commutation doesn't apply to Marcy's law, calling it a protected executive privilege.
The court is expected to rule on the case in the next 90 days. The Santos family says if they lose, they will take it to the California Supreme Court.
