Miguel Angel Magallon was convicted of murder and sentenced to death for the 2004 murder of a Los Angeles Police officer. On August 10, 2004, Magallon and an accomplice were driving when they saw Officer Sparks on a bike ride. They got out of the car and tried to rob him. Magallon then shot Sparkes before driving off. The officer quickly called 911 and said “Officer Down.” Before help could arrive, Magallon drove back around to Sparkes and shot him again. Magallon drove off and officers arrived and took Sparkes to the hospital, where he died.
Eventually, Magallon was found and was charged with first degree murder and second degree robbery. The jury convicted Magallon of these charges as well as the sentencing enhancements of committing a crime for the benefit of a street gang and possession of a firearm.
A prosecutor will always try to claim that any gang member who commits a crime, commits it for the benefit of a gang. A good defense attorney will argue that that is not always the case. With gang enhancements dropped, a defendant will get a lower sentence. If you are charged with gang charges, robbery or murder, call an experienced criminal defense attorney to assist you.