Defendants in fatal Lincoln Park shooting sentenced in emotional hearing

Mar. 22—CHEYENNE — The two teenagers charged in connection with last year's fatal drive-by shooting at south Cheyenne's Lincoln Park were sentenced Friday to prison time.

The shooter, 18-year-old Johnny Munoz, was sentenced to 25 to 35 years in prison for second-degree murder, with a recommendation to the Youthful Offender Treatment Program.

The driver, 17-year-old Julian Espinoza, was sentenced to the terms of a plea agreement, made directly after Munoz's trial in the final weeks of 2023. Espinoza's plea deal, supported by the state and his attorney, sentenced him to five to seven years in prison with a recommendation to the Youthful Offender Treatment Program, as well. Per the deal's terms, Espinoza pleaded guilty to accessory after the fact to involuntary manslaughter.

Espinoza and Munoz were arrested in April of 2023 after a drive-by shooting at Lincoln Park, involving several young members of the Carabajal and Vigil families, resulted in the death of 15-year-old BayLee Carabajal-Clark.

Much of the nearly two-hour-long sentencing hearing centered on the young age of the defendants, with Munoz's attorney framing his sentence on the terms of rehabilitation and preparing the young men for an eventual reentry into society.

At the outset of Friday morning's hearing, Laramie County District Judge Catherine Rogers acknowledged that Munoz and Espinoza's charges, although connected to the same incident, were separate issues. She said the hearing was held for both of them at once to "minimize the impact" on the victims in the incident by only asking them to come and testify once.

Testimony

Three people close to Carabajal-Clark testified at the sentencing hearing, including her twin sister, MyLee Clark.

The first person to speak was Carrieann Vigil, a family friend of the Carabajal-Clark sisters, whom Rogers described as a "de-facto parent" of BayLee Carabajal-Clark.

Vigil began her testimony by saying she was "kinda iffy on saying something," before she was interrupted by an objection by Espinoza and Munoz's lawyers. They both said that, under Wyoming law, Vigil might not fit the characterization of a victim.

"The loss of BayLee directly impacted her," Laramie County Deputy District Attorney William Edelman said, calling the statute broad enough to allow Vigil to be called a victim.

Rogers allowed Vigil to continue her statement, which she kept brief. She said she had "a lot of mixed emotions."

"BayLee was a wonderful girl, and not having her has been very hard," she said.

She remembered BayLee Carabajal-Clark's youthful nature and recalled memories they had together. She called the circumstances they were in at that moment "something we never should be living, never should be going through, on both sides," acknowledging the difficulty the families of Munoz and Espinoza had been experiencing, as well.

After Vigil, MyLee Clark gave a brief, tearful statement.

"It's been rough without her," she said. "... (It's) hard for me to be by myself. ... I don't feel like these boys (Munoz and Espinoza) hurt anybody else but me and the rest of my family that's here."

Vigil mentioned that MyLee Clark had recently become a mother, and they both acknowledged the pain of not having Carabajal-Clark around to meet her niece in their respective statements.

Serina Vigil was the third and final victim to speak on Friday, recalling what it was like to go through daily rituals with Carabajal-Clark.

"We all used to live together, we'd get ready for school in the morning," Serina Vigil said, tearfully. "I'm by myself now."

She then turned to the defendants, who sat at the same table between their respective lawyers, and addressed them directly, showing them forgiveness.

"I don't blame you guys," she said. "... And I forgive you guys ... I really do."

In that statement, she said she had grown up with Munoz and Espinoza and used the terms "love" and "forgiveness" when speaking to them.

The first sentence

After victim statements, discussions began about Munoz's sentencing. His attorney, Patricia Bennett, gave a detailed description of why Munoz deserved a relatively lenient sentence, given the 20-year minimum that Wyoming law stipulates goes with a second-degree murder charge.

Bennett argued that Munoz was a strong candidate for the Youthful Offender Treatment Program, which allows someone, upon completion, to petition the court for a sentence reduction.

"I've struggled long and hard about how to start this argument," Bennett said. "(Carrieann) Vigil asked the perfect question ... 'How did we get here?'"

Bennett addressed statements made while the case was ongoing, where she said one "adult" involved in the case said "this has been going on 30 years, and (they) never thought that it would bleed over to the kids." She described the dispute between the Carabajal family and the other families involved as the "Hatfields and McCoys."

She placed part of the blame for the shooting on the generations that came before the teenagers involved, speculating that a feud between the families had lasted so long that the children and teens involved weren't sure what started it.

"What (children) learn is what we teach them," she said.

Bennett asked Rogers to consider retribution and punishment, which she said was already addressed by the legal constraints that come with a second-degree murder charge. She also asked the judge to consider Munoz's young age, general deterrence, incapacitation and preparing him to be potentially reintegrated into society.

Bennett argued that society, ideally, should want someone like Munoz to grow up as a productive person and never commit another crime. For that reason, she strongly recommended that Munoz get into the youthful offender program. While the case against him was ongoing, Bennett said she was struck by the fact that he continued his education while incarcerated and was still on track to graduate on time. She called that commitment to education "impressive."

"I think that says a lot about Mr. Munoz," she said.

She requested a 20- to 25-year underlying sentence, with a youthful offender program recommendation.

Munoz then expressed his remorse and asked for forgiveness.

Bennett and Rogers briefly disagreed about the recommendations made by the Department of Corrections agent who compiled Munoz's pre-sentence investigation report. Bennett appeared to take some recommendations in the report, which is not publicly accessible, to mean that the agent was suggesting that Munoz get a sentence in a community corrections program. Rogers disagreed, citing language where the agent said Munoz was a risk to the community and asked for an imposed sentence of incarceration.

Rogers wanted to be clear with Munoz that, even if he had "pristine" behavior and completed the youthful offender program, the court had no obligation to approve any requests for sentence reduction. She indicated that was unlikely.

Ultimately, Munoz was sentenced to 25 to 35 years imposed in prison, along with a recommendation for the youthful offender program. She clarified that the program was intended to help him continue his commitment to education and prepare him for success in the future, but was not intended to suggest that he'd be out of prison earlier than his sentence required.

Rogers also spent a lengthy amount of time telling Munoz about the letters his family had sent to the court, which showed her that he was loved and in a stable environment. But, she said, that "cut both ways" and made the consequences of his actions more severe.

Upholding the plea

Espinoza's sentence was based on a plea agreement, which the state and defense both agreed to uphold. The sentence was for five to seven years in prison with a youthful offender recommendation.

His attorney, Marci Hoff Linde, spoke briefly about why Espinoza was deserving of the terms of the plea.

"I have been able to spend a lot of time with Julian," she said. "... I have met with Julian probably every week since his incarceration."

She said the letters sent to the court on his behalf were "heartfelt" to him, and that experience of getting to know him allowed her to see his "respectful," "positive" and "optimistic" personality. She also remarked that Espinoza appeared to come from a stable and loving family. She said his life had "building blocks" that predicted a good future.

After Linde spoke, Espinoza gave a statement which he reportedly prepared on his own.

"(My heart is) heavy with deep remorse," he said. "... Words cannot express the depth of my remorse. ... (I am) praying for your healing. ... (I am) praying for your forgiveness."

He asked the judge for mercy during his statement, as well.

Edelman, comparing Espinoza to Munoz, said that Espinoza "understood the gravity of the situation," as opposed to Munoz, who he said didn't.

Rogers imposed the sentence in the plea, with no alternatives to incarceration.

"It is comforting and reassuring to know that you have a strong support system to rely on," Rogers said at the end of his sentencing. "(But), you knew better, you've always known better. ... You elected to be an active participant in conduct that resulted in someone's death. ... Lives were shattered because of the choices you made this time last year."

Samir Knox is the Wyoming Tribune Eagle's criminal justice and public safety reporter. He can be reached by email at sknox@wyomingnews.com or by phone at 307-633-3152. Follow him on Twitter at @bySamirKnox.