Life plus 140 years for soldier in 'senseless' killing

Jomar Falu-Vives offered no apology or explanation Thursday as a judge ordered the former Fort Carson soldier to serve two consecutive life sentences for killing two people in what prosecutors described as a “cold, senseless shooting.”

“I understand what happened yesterday,” Falu-Vives told 4^th Judicial District Judge Thomas L. Kennedy, referring to the jury verdict on Wednesday that found the 25-year-old Iraq War veteran guilty of first-degree murder.

“And I understand what happened June 6,” he added, referring to the 2008 drive-by shooting that killed Amairany “Mayra” Cervantes, 18, and her sister’s boyfriend, Cesar Ramirez-Ibanez, 20, while they were hanging yard sale signs in southeast Colorado Springs.

“I just want everybody to hear my voice,” he said, showing no emotion. “I’m a soldier and I’ve always been a soldier. And I’m ready to take the road which you are going to set before me. Sorry.”

It was the first and only time Falu-Vives spoke in court since his trial began just over three weeks ago. His defense attorneys conceded that their client’s assault rifle was the murder weapon, but they claimed someone else pulled the trigger.

Falu-Vives’ remarks angered Dave Szody, the father of Army Capt. Zachary A. Szody.

 Zachary Szody was a lieutenant on May 26, 2008, when his leg was shattered by a high velocity bullet fired from Falu-Vives’ AK-47 in a drive-by shooting.

“He (Falu-Vives) got what he deserved and he is not a soldier in any army we recognize,” Dave Szody said after the sentencing. "That's all I have to say."

Kennedy added another 140 years to Falu-Vives’ sentence for that shooting.

Zachary Szody, who testified about how the injury changed his life and career, was not in the courtroom, but spoke via a telephone line.

“Two lives were lost and for what? To be cool?” Szody asked. “When you join the U.S. military it’s to serve and protect your country, not to go out on the street and kill innocent people.”

Nataly Cervantes who witnessed her sister and boyfriend’s murder, described the impact the homicides have had on her family.

Her son Fabian, who saw his aunt gunned down, talks incessantly about ways he could kill Falu-Vives, his mother said.

“He’s only 6 years old. He shouldn’t be thinking that way,” Nataly Cervantes said. “I don’t know how to get rid of those thoughts,” she added.

Kennedy urged her to take advantage of counseling through the state victims’ assistance fund.

Chief Deputy District Attorney Diana K. May asked Kennedy to impose the maximum sentence on Falu-Vives.

“He deserves every single year,” she said. “This individual is a menace to society. He kills with no remorse. He kills with no emotion.”

Kennedy said it was difficult to find words strong enough to express his condemnation of Falu-Vives’ conduct.

“When the Legislature defined “extreme indifference” they must have had you in mind,” the judge told Falu-Vives. “I’ve never seen a killing as senseless as the killings in this case.”

After the sentence was imposed, Falu-Vives glanced over his shoulder at his parents, who sat in the courtroom every day of the trial. Then deputies led him away.

Szody’s mother Valerie turned and gave Nataly Cervantes a long hug.

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