No Way Out

No Way Out

Matthew Galindo

© 2007 Matthew Galindo. All rights reserved.

No part of this book may be reproduced, stored in a retrieval system, or transmitted by any means without the written permission of the author.

First published by AuthorHouse 5/14/2007

ISBN: 978-1-4259-8873-9 (sc)

ISBN: 9781467814409 (ebk)

Printed in the United States of America

Bloomington, Indiana

Contents

Prologue

An Afternoon of Punishment

April 5th, 1986

June 2001

1   

Hector and Emilo

2   

Henry’s Release

3   

Business Associates

4   

New & Old Faces

5   

I Ain’t the One

6   

Paying Respects

7   

Burnt

8   

Cleto

9   

Club Fight

10

Saturday’s Headlines

11

The Ultimatum

12

Brother through Christ

13

Katie’s Word

14

Goons

15

Good Little Customer

16

Henry’s Anger

17

Pointing the Finger

18

Personal Affairs

19

Phone Calls

20

Kissy

21

Getting Down to Business

22

Questions

23

Jack Move

24

Payment

25

Stepping Into A Trap

26

Obsessed Stalker

27

No Way Out

28

Top of the World

29

Predator and Prey

30

Destroying the Evidence

31

Katie

32

Playing Rough

33

Someplace Quiet

34

Set Up

35

Hundred Dollar Bills

36

Precious Memories

37

Making Rounds

38

In The Hands of The Enemy

39

Short on Time

40

Lion’s Rest

41

Demanding Answers

42

Fag Attack

43

Disappointment

44

Rounding up the Soldiers

45

Surprise Chaos

46

Burning Flesh

47

Avoiding the Rain

48

Secrets Revealed

49

Last Laugh

50

Expectations

51

Toying with the Mind

52

Beef

53

Letting Go Of Freedom

Epilogue:

The Final Act of Betrayal

About the Author

Prologue

An Afternoon of Punishment

April 5th, 1986

As the courtroom filled with family members of both the victim and the defendant on a blazing hot day, hotter than normal even for Arizona’s scorching temperatures, the defendant was escorted in by two armed guards.  Dressed in his county blues, chains around his waist held his hands close to his midsection while shackles on his feet kept him from moving too fast, Henry Gomez took slow, short steps toward the desk where his court appointed lawyer sat, chains jingling as he glared at the victim’s family that sat behind the prosecutor before shifting his gaze to his own family and smiling brightly.  Henry took the seat beside his public defender.     

Henry extended his chained hand to the lawyer and firmly shook the man’s hand.  How are things looking?  Henry asked before releasing his grip of the lawyer’s sweaty palm.    

I can’t say yet, Henry, John Alstot said as he looked into Henry’s dark brown eyes, trying not to show the nervousness he felt.  Although Henry was only a teenager in chains, John heard of what Henry was capable of.  His last public defender who failed to keep Henry from being transferred into the adult court system got a simple plastic ball point pen drove through the back of his hand for his failure.  John Alstot liked his hand just the way it was.  He kept all pens and pencils tucked away safely inside of his brief case.    

As the honorable judge Michael Armsted walked into his courtroom, Henry

remained seated as the rest of the people in the room rose to their feet in a sign of respect.  Henry refused to show respect to a man who was about to sentence him to who knew how many years in prison.  The judge took his seat on his perch at the front of the room and told everyone that they could be seated.    

This is the time set for sentencing in the state of Arizona versus Henry Gomez, Judge Armsted addressed the court.    

Able Finch for the state, the prosecutor said as he quickly stood up and then sat back down.  Able Finch was a small, dark haired man with wire rim glasses who wore a pale gray suit with dark gray pen stripes.    

John Alstot appearing for Mr. Gomez who is present.  Judge, we are ready to proceed.    

All right, Judge Armsted said, it is my understanding, Mr. Finch, that you have some family members that would like to make statements, is that correct?    

Yes, it is, Judge, Finch replied.  I believe there are five people who are relatives and close friends of the victim that want to make statements.  I spoke with Mr. Alstot.  I don’t think there is any necessity to put any of them under oath for this hearing.  If it gets to the point that that’s necessary, we will stop and do it, but I don’t think that’s going to happen.    

Okay, the judge said.  Please call upon the first relative or close friend of the victim’s family who’d like to make a statement before sentencing.    

A tall man who looked to be in his mid-forties stood up from behind the prosecutor and walked through the swinging doors to the podium at the center of the courtroom between  the lawyer and the prosecutor.  The man had salt and pepper hair and a thick gray mustache with the tips turned up like bull horns.  Henry recognized the man as his victim’s stepfather.   

My name is Mitchell Hawkson, I’m Laura Hawkson’s husband.  Laura is David Guzman’s mother.  With all due respect I’d like to say good afternoon to you and the court, but today is not a good afternoon.  This is an afternoon of anxiety for all family members on both sides.  This is an afternoon of punishment.    

Mitchell Hawkson took a moment to look over at Henry.  He despised the look of the young man.  "Letters I read that were submitted to the court on behalf of Mr. Gomez, I see a common theme.  Henry is a good boy.  Henry just needs guidance and counseling.  Henry is sorry for what he did.  The questions I ask myself are:  If Henry is such a good boy, why is he here in court today?  If Henry needs guidance and counseling, where was Mr. Gomez’s family to guide and counsel him?   

"In every society rules and regulations are established for the well-being of the community, and the members of the community that break those rules are held to answer for their actions against society.  This is an afternoon of taking responsibility for actions of the past.  As of this very instant, neither Mr. Gomez nor his family have come forward to personally express any sympathy or sorrow for the actions of Henry.  I see no talk of responsibility or sorrow on the faces of Mr. Gomez’s family.  Henry will be punished for the crime he committed, but David’s family members have yet to receive an apology.

"Finally, this is an afternoon of punishment.  As I grew up in my parents’ home, my mother and father established rules and regulations for our family, our society if you will.  When I broke those rules, I was charged with a violation.  I had to take responsibility for my actions.  I was guided.  I was counseled.  And I was punished all in my family unit.  My parents were my counselors, my policemen, my jury, my judge, and my executioners.  As I grew up, my family was my community.  My family prepared me to face the real world that I would live in some day when I left home.    

Mr. Gomez is now destined to the Arizona Department of Corrections.  Mr. Gomez’s final destiny is not yet determined.  Let us not forget David’s final destiny.  David’s destiny was final.  There is no getting out after time spent.  Simply, there is no getting out.  I ask you for the maximum time allowable.  Thank you, sir,  Mitchell Hawkson returned to his seat behind the prosecutor.    

Henry leaned in close to his lawyer and whispered, How much more of this shit do I have to listen to?  Mr. Alstot did not respond.    

After the victim’s stepfather sat down, a blonde woman of light complexion took his place at the podium.  Henry had seen the woman at his court dates in the past, but he never knew who she was.  She was dressed in a pair of Levi’s and wore a white T-shirt with a picture of his victim’s smiling face on the front of it.  In the picture, the sixteen year old boy looked so happy and innocent.    

Too bad he was just as bad and as guilty as I am, Henry thought.  My name is Lucy Sandberg, I’m Paul Guzman’s girlfriend, the blonde began.  "I have known David for about seven years of his life.  On August 15th, 1985, Henry Gomez didn’t just kill David Paul Guzman, he also forced some unwanted choices for the friends and the family and everyone that knew David.  I think that’s totally unfair."    

"Oh come on!" Henry said, loud enough for those around him to hear but low enough so the judge wouldn’t be able to understand what he said.  He could feel the eyes of the victim’s family boring holes into the back of his bald head.    

He made those choices for us, and he made a new pathway in life for us…  One of pain, one of grief and one of emptiness, Lucy Sandberg continued.  I feel now that it’s your time to make some choices for Henry so that he won’t be able to make these unwanted choices for anyone else ever again.  I ask for the maximum sentence, you Honor.    

Thank you, Judge Armsted said.    

"No, thank you, your Honor," Lucy Sandberg said before returning to her seat.

"What the hell was that?  Henry asked his lawyer.  ‘No, thank you, your Honor!’  These people are something else!"    

John Alstot shot a glance at his client, begging him with his eyes to keep quiet until it was their turn to speak.  This guy’s begging for the maximum sentence!  He doesn’t care how much time he gets!    

Another woman stepped to the middle of the courtroom to address the judge.  "Hello, your Honor, my name is Jamie Patrick, David’s aunt.  The finest memory that I have of my nephew right now is the day before he died.  He called me to wish me…  To say ‘Happy Birthday, Aunt Jamie.’  I didn’t know then that that would be the last day that I would speak to him or that I would see him alive again.    

"We need to show people like Henry Gomez that behavior like this will not be tolerated.  We as a community need to show them that when they make the decision to take a life that they need to be held responsible for it.    

We, as a family, we will never get over David’s death.  We only have to deal with the fact that he, Jamie Patrick pointed a finger at Henry, has chosen to take one of our children away from us. So what I am asking of you today as a mother and as David’s aunt is that you impose the harshest sentence possible so that no other family will have to go through this kind of pain again.  I want Henry Gomez to feel the pain and anguish he caused my family on August 15th.  Thank you.    

Henry shook his head and exhaled silently.  He couldn’t believe what some of these people were saying about him.  It didn’t matter if they sentenced him to die, he would never feel their pain or anguish.  But someone else will!

Henry glanced over his shoulder to see who was next up to speak down on him like he was some piece of filth.  "Oh, great!  Not this bitch!"  Henry said to John in disbelief, but knowing that his most hated fan would have been up to speak against him sooner or later.    

"Your Honor, my name is Laura Hawkson.  I’m David Guzman’s mother.  I have a hard time saying this now as I did in all of my letters I sent to the court.  I have little…  Absol`utely no regard for this person who took my son’s life.  It’s not something to take lightly.  This is not a mistake as I have read in lots of letters from Henry’s family.  This is serious.  This is a life that was taken!    

"He, Henry Gomez, will do no good unless he is incarcerated.  He can’t go with society!  He can’t perform or function by rules!  I am a mother!  I have another son who watched his brother die!  I’m tired of the violence!  I’m tired of the guns!  I can’t cope with anymore of it!  This has been enough for me in a lifetime!    

There are other mothers out there.  There are other children out there.  This has to stop!  This has to set the course so nobody else can have this done to their family again.  He needs not to be in society!  Justice is justice and he needs to be put away for as long as is allowable.  I beg you to do it!  Thank you, sir.    

Man!  I’ve heard it all now!  Henry said as David Guzman’s mother sat down and his father took her place.  He could only imagine what he had to say.

Good afternoon, you Honor.  Paul Guzman, I’m David’s father.  I just want to say to you that any person who can take a life just like that!  Paul Guzman snapped his fingers, To me, it’s first-degree murder.  But because of his age we had to drop it way down to 22 years.  That should be the least he can get for the type of crime that a human being can commit like that!    

You hear that, John?  Henry asked as Paul Guzman walked back to his seat.  "I’m a human being now!  Just a couple of months ago I was an animal!  These people need to make up their minds!"    

Andy Guzman stepped up to the podium, still looking like the chump who stood hiding behind a truck as his brother got shot full of holes.  Henry wished that he would have saved a few bullets for

him.    

My name is Andy Guzman, I’m the victim’s brother.  What I want to say today is that I want to know how someone can take someone’s life like that, again with the finger snapping, "and not think nothing of it?    

Everyday I kiss this thing, Andy reached into his shirt and pulled out a gold chain with a half of a heart with words printed on it.  Everyday and every night I kiss this.  My brother has the other half in his casket.  I pray everyday that this kid be put away, I ask for the maximum sentence.  That’s all I have to say.    

Henry had the impulse to jump from his chair and choke Andy out with the chain that held his feet together.  Fuckin’ finger snappin’ fag!    

Judge, that’s all the members of the victim’s family that have asked to address the court at this time, Mr. Finch told the judge.    

And Mr. Alstot, did you have any evidence or statements to present?  Judge Armsted asked.    

Yes, Judge, I do have one, my client’s mother.  Mr. Alstot told the court. 

Henry was shocked to find out that his mother was going to speak for him on his behalf. She had supported him through out his entire case, but he had asked her not to put herself through the trauma of speaking in his defense or begging for his freedom to be sooner rather than later.    

"My name is Adele Gomez, I’m Henry Gomez’s mother.  I’m angered by what I’m hearing, but I can feel and understand the pain that the Guzman’s are feeling because Henry’s family is feeling it also.  We are truly sorry for what happened that day.  But, both of those boys had choices and that cannot be denied.    

"Henry wished he didn’t do what he did, but that doesn’t change anything that happened that day.  I want my son to have help.  He’s only 15 years old!  I know he did something wrong!  I can’t deny that!  I won’t ever!  And I will take responsibility.  But, I wasn’t there that day, just as David’s parents weren’t there.  Neither one of us had anything to do with the way those boys went that day.    

I think I have been a good mother.  I have always had a job.  I have always been there with my kids.  I was there the day of the shooting.  I was asleep because I had worked the night before.  I did not know my son had a gun!  Why he would have it?  I don’t know!  But there’s been things going on with Henry and David for sometime now, and I was not aware of this!  But both of the boys had choices that day.    

Henry sat in silence listening to his mother trying to convince the judge that he was a good kid, that he just made a bad choice and all he needed was a little help.  She was a good woman, his mother, and he didn’t deserve to have her support or a mother such as her.  It broke his heart to watch her struggle to find the right words as she dabbed at her crying eyes with a tissue.   

I’m not asking you to give Henry the lightest sentence possible, she continued.  I’m not asking you to give him the maximum.  But, I just…  Please, he needs help!  He can’t come out of prison life and be expected to be a good person without some help.  I am truly sorry as is Henry and Henry’s friends are.  We are truly sorry for what happened that day, but none of this can change the course of events that happened.  Thank you.

Henry felt his heart breaking in his chest.  It was bad enough that his mother had to see him in chains and shackles, but for her to have to speak for him hurt even more.  He wanted to cry, just to show them all that indeed he still was a human being, but he had lost the ability to do so a long time ago.  Now was his chance to speak his mind and he would be damned if he wasn’t going to give the judge and everyone else a piece of it.

Mr. Alstot, would you and your client approach?    

Henry stood with his lawyer and slowly made his way around the desk to the center of the room.    

Mr. Gomez, would you please state your full name?  Judge Almsted asked.

Henry Gomez.    

What is your date of birth?    

Five, twenty-five, 1971.    

"There having been a determination of guilt in this case based on Mr. Gomez’s plea of guilty, it is the judgment of the Court that he is guilty of second degree murder, a dangerous but non-repetive felony, committed on August 15th, 1985.    

I’ve reviewed the presentence report and attachments thereto, including letters that I received from the family members on both sides and the defendant’s sentencing memorandum.  Mr. Finch?    

The prosecutor stood and smoothed out the wrinkles in his suit before speaking.  "Your Honor, in this case, as the presentence report points out, this was a senseless, unjustified act by a young man who was already on juvenile intensive probation.  His actions showed blatant disregard for human life.    

"When this plea was entered into, factors such as age and his family upbringing were taken into consideration.  In this case he killed a young man with a stolen handgun.  His actions caused extreme emotional harm and pain to the victim’s family.  Those factors and the other factors that are pointed out in the presentence report in my estimation outweigh any mitigating factors.  And the only mitigating factor in this case is the defendant’s age.    

The aggravating factors in this case are the pain of the victim’s family, the defendant’s background as far as prior contacts with the law, the stolen handgun, and his actions and age of the victim outweigh any mitigating factors and you should sentence him to the aggravated term.    

Your argument, Mr. Alstot, the judge said.

Judge, John Alstot began, "I did address in my sentencing memorandum my feelings in regard to the aggravating circumstances that were set forth in the presentence report and again here by Mr. Finch.    

"Again, I ask the Court in regard to Henry’s juvenile history to look closely at what those referrals were, that there was only one conviction that was of felony nature.  We are not denying that Henry did have problems with juvenile court, but at the same time they were not…  It was not a horrible history of noncompliance.  And as pointed out, there were times when he did do well.    

"But that as it may, we are here today on a case that is always difficult when a person kills another human being.  And the families involved are all victims, both families.  But the victim’s family, we understand their feelings toward the case, and I don’t think there are too many cases where a family member is killed that they don’t want the maximum sentence.  In fact, I think the Court everyday hears victims wanting the maximum sentence in a lot of cases where there’s any violence.    

"So I ask the Court to consider legally what constitutes aggravating circumstances and what constitutes mitigating circumstances.  I think there’s more than just the defendant’s age that constitutes mitigating circumstances.  But this is something that occurred.  We are not denying it occurred.  Though I think the event, how it occurred, is somewhat in dispute, but not necessarily…  But I will get to that later.    

"I will talk about Henry’s age.  This is a person who was 14 at the time.  This is a person who was 14 years of age, even though now he’s 15.  He’s here in adult court and remanded up to adult court through the juvenile court.  The decision has been made.  You’re still dealing with a person who is 15!  We can’t forget about that!  He’s facing adult punishment, but we have to look at what had happened in the mind of this 14 year old.

"This is something that unfortunately happened, that Henry did make a bad decision, but I think that David unfortunately made a bad decision that day also.  But Henry is the one that’s responsible.  He has put himself here in this courtroom today.  We are not denying that either.    

"Looking at Henry’s age is definitely a mitigating factor, a big mitigating factor!  This is not like a person who is in their 20’s or 30’s, 40’s or 50’s who is before the Court.  This is a very young man who has made a very difficult mistake in his life, and it is a mistake!  He will be paying for it, though, with the sentence he receives here today.

"He’ll be going to prison.  Even under the most mitigated term, it’s a long period of time.  But Henry will be leaving prison someday.  And I would ask the court to consider Henry and what he can do while he is in prison.  And the longer the prison sentence, the less likely he’ll be coming out of prison with a good attitude or someone who could make a productive life.  If he received the maximum sentence in this case of 22 years, he would be basically getting out in his mid 30’s, which is still a young time in a person’s life.    

"We realize that David’s life is gone and he can’t ever come back no matter what sentence is given here today.  But I ask the Court to consider that, if the court has read the psychological profiles and letters I submitted from his counselor, that he can be reached, he can be rehabilitated.  Like his mother said, he needs help.  And I think the Court’s aware that when he goes to prison the only person who is really going to help Henry is Henry himself.    

"He wants to go for classes, the G.E.D. classes.  The counseling he’s going to, he needs it and I’m hoping he’ll take advantage of what is available to him.  But this is something that he needs to do himself.  And if when he does come out of prison, if he’s not become a good productive citizen, he has himself to blame.  But we can’t ignore this chance.  He does have a chance to rehabilitate himself and be a productive member of society.  We can’t ignore that someday he will be getting out!    

"I realize the family wants an apology and the only thing I can say to that is that it’s something that he can’t do.  He’s not allowed to have contact with the victim’s family, send them a letter of apology.  I think he’ll make a statement today in regards to that, but I think the Court’s aware that he’s not allowed to make a statement to the victim’s family until something like this happens at sentencing.  So I understand their pain in not hearing from him, but I know the Gomez family and his mother are sorry that this happened.  We are all sorry this happened!  And I will let Henry address that at the proper time.    

"I would ask the Court, though, to consider all factors in this case.  I realize that there is going to be emotional harm and economic harm when somebody loses their life.  That fact is that happens in every case where somebody loses a loved one.  It causes emotional harm.  I think what the Court has to look at is this:  The facts of this case are aggravated to the point where they outweigh any mitigating circumstances.  The fact that someone died in this case and the fact that a gun was used, again, is part of the offense.  That’s the sentencing range he is being sentenced under.  And I think that even though they appear to be aggravated, they are not necessarily aggravated factors.    

"The events…  I think the Court can look at the events and decide what aggravating circumstances there are.  This is not a case where Henry drove a car, got out and confronted the victim and shot him dead in the street.  What happened here is that Henry was walking down the street… and granted we know there’s no justification to the shooting because if we thought there was, we would have a trial in this case.  So we’re not saying there’s a legal defense.  But I think when you look at this case, there are mitigating factors to it.    

"Realizing that he did kill David and that’s why he’s here in front of you today, but this is a case where David confronted Henry!  There was bad feelings between the two before this, and unfortunately nobody was there to stop this from escalating to the level that it did.  But unfortunately, as Mrs. Gomez said today, there were choices made on both sides and it was very unfortunate that David made the choice to confront Henry that day.    

"There is no doubt that Henry should not have had a gun on intensive probation or even pointed it at David, but he did make an effort in the beginning to try to end this and try to get away from there.  David kept approaching!  When David kept approaching, even though his hands were where Henry could see them, Mr. Gomez made the mistake of his life and his family’s life and the victim’s family’s life when he fired the gun.    

"I point out that this was not a case where it was a pre planned event.  That is something that was very unfortunate, and we are not denying that the result was horrible.  But I ask the Court to look at all the factors of the case and determine whether those are aggravating factors or mitigating factors or do they just balance themselves out.    

"And finally, Judge, I would just say in regards to when you look at all the facts of this case and consider all of the evidence that’s been presented and shown to you in the last few weeks in regards to this case, in all the letters from both families, that it is our opinion that the aggravating circumstances don’t outweigh mitigating circumstances and that the presumptive term is appropriate in this case.  Or I think you can look at this case and say the mitigating factors could even outweigh the aggravating factors.    

But clearly when I look at this from an objective legal viewpoint, I don’t see extreme aggravating circumstances at all that would call for the maximum sentence.  I would ask the Court to sentence Henry to the mitigated or the presumptive term.    

Judge Armstead nodded his head as John Alsot finally finished.  Mr. Gomez, is there anything you would like to say?    

For a split second, Henry thought about keeping his mouth shut and taking what ever sentence the judge decided to give him in silence.  Then he remembered all that the victim’s family had to say about him.  Yes, I would.    

"I’ve been sitting here for the past hour or so listening to these fools talk about me like they know me, as if they actually knew me.  I’ve read their letters where they call me an animal, a heartless beast.  For the last year they’ve been dogging me out, making me sound as horrible as possible while trying to make their precious David sound as angelic and heaven sent as can be.  Well, now it’s my turn to talk!"  Henry said with a smile. 

Henry turned his back to the judge and directed his attention and words to David Guzman’s family.  Hate and anger burned brightly in their eyes as Henry stared them down.    

Who are you people trying to convince that your son was innocent?  The Court or yourselves?  David was no better than me.  And on that note, neither are you!  Who the hell are you people to talk down upon me?  You’re made of bone and flesh just as I am!  You bleed just as I bleed.  And someday, Henry paused to let out a twisted chuckle, you’ll bleed just as bad as your beloved David did.    

Henry shifted his gaze and focused his stare on Andy who sat between his mother and father in he front row.  He wished that he could leap over the tiny divider and ring his neck, snatch the chain with the half heart on it from his neck and stuff it down his throat as he choked the life from him.    

And you!  Andy!  Henry continued, "Sitting there trying to make everything sound like it was my fault.  Out of all you sorry ass people, I hate you the most.  Blaming me for your brother’s death.  It was David’s fault he got killed!  You could have saved him and kept him from walking