El Dorado County DA reacts to what he says is a "shockingly short" sentence in Deputy Ishmael's murder

EL DORADO COUNTY, Calif. - The man convicted of murdering El Dorado County Sheriff Deputy Brian Ishmael was sentenced to 15 years to life Friday, a sentence "shockingly shorter" than the one proposed by prosecutors. 

“I am very disappointed by the judge’s decision,” said El Dorado County District Attorney Vern Pierson, noting that Sacramento Superior Court Judge Sharon Lueras decided to drop all of the gun enhancements in the case in what the DA said is "a rare use of discretion, especially considering the fact that one peace officer was murdered and another was wounded, both by gunfire." 

“It no longer matters whether you use a gun or how many people you harm or how many prior violent felonies you have committed," said Pierson. "The legislature has cleared the path for judges to individually assess defendants and disregard any enhancement, resulting in wildly inconsistent sentences that fail to hold violent criminals accountable.”

Pierson said Judge Lueras failed to address the defendant’s lack of remorse or his behavior while incarcerated pending trial and did not comment on Vasquez Orozco’s personal, intentional, and repeated use of the firearm during the commission of these crimes, facts that the jury found true beyond a reasonable doubt and until recently would have required the court impose the sentence recommended by the prosecution and the Probation Department and requested by the victim’s family.  

On April 15, 2022, after a month-long jury trial, Juan Carlos Vasquez Orozco was convicted of Murder in the 2nd Degree and two counts of Assault with a Firearm along with three gun enhancements. 

These crimes were committed shortly after midnight on October 23, 2019, when Christopher Ross called 911 and falsely claimed there were unknown persons on his property, possibly stealing marijuana from his garden.  

In truth, Ross had entered into an agreement allowing other people to grow marijuana on his property in exchange for money and a used Jeep.  

Ross did not tell the responding Deputies that Vasquez Orozco and another worker, Ramiro Morales, were in the garden protecting the crop, nor did he warn them that Vasquez Orozco was armed with a firearm.  

As the deputies approached the garden, Morales woke Vasquez Orozco and told him men were in the garden to steal marijuana.

Vasquez Orozco fired on the men, who were in fact Sheriff’s Deputies, and a prolonged gun battle ensued.  

Vasquez Orozco shot Deputy Ishmael four times, killing him.  Vasquez Orozco shot Deputy Josh Tasabia once, causing permanent injury, and he shot at Deputies Shawn Taroli and Brian Shelton but missed.  During the exchange, Vasquez Orozco was also wounded, hit twice in the hip.        

On May 13, 2022, Vasquez Orozco stood before Judge Lueras for sentencing.  Based on the jury’s verdicts, Vasquez Orozco faced a possible sentence of 40 years to Life for the murder of Brian Ishmael and an additional six years for shooting Josh Tasabia and shooting at Shawn Taroli and Brian Shelton.
 
Brian Ishmaels’ widow, Katie Ishmael, addressed the court, reading a powerful victim impact statement that described the devastation of losing the love of her life and the father of their children.  

Brian’s mother, father, and sister also addressed the court, each one describing the terrible loss they had endured and were now forced to live with forever.  All of them asked the court to impose the longest sentence allowed under the law so that the man who inflicted so much pain and suffering would be held accountable.  

When given the chance to address the court and apologize to the family and friends of Brian Ishmael and the other victims, the defendant elected to remain silent.

The prosecutors filed a sentencing brief, asking the court to impose 40 years to Life for the murder of Brian Ishmael and an additional six years for the Assault on Josh Tasabia, Shawn Taroli, and Brian Shelton.  Similarly, the Probation Department prepared a Sentencing Report and recommended a total sentence of 40 years to Life for the Murder, plus eight years for the Assaults.

Instead, Judge Lueras struck all of the gun enhancements and imposed a term of 15 years to Life for the murder of Brian Ishmael, the lowest sentence possible under the law.  

Judge Lueras then sentenced Vasquez Orozco to the low term for the assault on Josh Tasabia, plus a 3-year enhancement for inflicting great bodily injury consecutive to the life sentence.  Judge Lueras imposed no additional time for the assault on Shawn Taroli and Brian Shelton, running the sentence for that crime concurrent for a total sentence of 15 years to Life, plus 5. 

As Judge Lueras explained her decision to the stunned courtroom, family and friends of the victims began to quietly leave, said Pierson.  

Judge Lueras justified her leniency, stating that Vasquez Orozco did not pose a danger to the public, that the crime was situational, and that the crimes were merely the result of misinformation and mostly the fault of the property owner, Ross.

She noted the defendant was only 20 at the time of the crime, a fact that is already considered for purposes of early parole, and that he had no known prior criminal history.  

Judge Lueras exercised the discretion recently provided by Senate Bill 620 when she sentenced Vasquez Orozco.  She struck all of the firearm enhancements, treating this defendant as though he had not used a firearm to intentionally kill Brian Ishmael, wound and permanently injure Josh Tasabia and assault Shawn Taroli and Brian Shelton.  As a result, she reduced Vasquez Orozco’s sentence by more than half.  

Reflecting on the sentence, District Attorney Vern Pierson recalled the efforts made in the 1990s to increase mandatory sentences for violent criminals and repeat offenders and restrict judicial discretion so that similarly situated criminals would receive similar sentences.  

“Over the last several years the legislature has eroded these efforts, greatly reduced accountability for violent crime and repeat offenders, and given the courts free hand to strike sentencing enhancements.  Across the state, we are seeing the negative effect of these changes as victims’ rights are ignored and violent crime increases.  In the past, state prosecutors used to seek out the assistance of federal prosecutors to hold these criminals responsible.  Given the direction the state has moved, we will likely see that happen more often,” said Pierson

Enacted in 1997 as part of the State’s “Use a Gun and You’re Done” law, Penal Code section 12022.53 provides increased punishment when a defendant uses a gun to commit certain violent felonies, such as murder, rape or robbery.  The length of the additional sentence depends on what the criminal does with the gun during the crime itself.  Personal use of a firearm adds 10 years, intentional discharge 20 and intentional discharge causing great bodily injury or death 25-Life.  These facts must be charged and found true beyond a reasonable doubt by the jury for the court to be able to impose the additional punishment.  In the case against Vasquez Orozco, the jury found all three of these gun enhancements true beyond a reasonable doubt.  

Prior to January 1, 2018, judges did not have the discretion to strike these enhanced punishments for violent crimes committed with a firearm.  Senate Bill 620 changed that, however, not only giving courts the discretion to strike one, any or all enhancements but creating a non-exhaustive list of “factors” in favor of striking any enhancement that the court must consider and give “great weight” when determining whether to strike an enhancement.