Fort Bragg man faces 10-year sentence for shooting alleged molester
Published: Tuesday, April 6, 2010 at 10:05 a.m.
Last Modified: Tuesday, April 6, 2010 at 10:05 a.m.
A Fort Bragg man who shot to death the family friend he said molested him as a chid pleaded no contest Tuesday to voluntary manslaughter.
Under the terms of a plea agreement, Aaron Vargas, 32, faces a maximum sentence of 10 years in prison for killing Darrell McNeill, 63, a former neighbor, in February 2009.
“Things are looking up. Now I know he’s coming home. I just don’t know when,” said his mother, Robin Vargas.
A sentencing date will be set following an April 20 hearing into the facts of the case.
Vargas, shackled and wearing black and white striped jail clothes, smiled briefly toward the end of the hearing. He had faced the possibility of life in prison had he been convicted. Jury selection for his murder trial was to begin on Monday.
Vargas has became a celebrity of sorts since his arrest immediately after the killing. His sister’s unflagging outreach efforts garnered nationwide media attention and support from the Fort Bragg community and beyond for Vargas, who many consider to be the victim in this case.
Even McNeill’s widow and his sons have written letters in support of lesser charges than murder.
Liz McNeill said last year she didn’t condone the shooting, which took place in her presence, but could understand why Vargas killed her husband, whom others have since accused of molesting them.
She declined to comment Monday on the plea agreement. But Assistant District Attorney Elizabeth Norman and Vargas’ attorney, Tom Hudson, told the court she approved.
More than 2,000 people signed an online petition seeking a reduction in the charges or dismissal of the case. A dozen people claim McNeill also molested them, said Vargas’ sister, Mindy Galliani.
Three men and a woman contacted the District Attorney’s Office to say that McNeill molested them as children, Norman said. She called the plea agreement “a fair resolution in light of all the facts.”
Mendocino County Superior Court Judge Ron Brown said he considered the support from the victim’s family when accepting the plea agreement. But he said that expressions of public sentiment, which included that Vargas should be rewarded for killing McNeill, are not something the court considers when making decisions.
“That is the reason we’re not guided by public opinion,” Brown said.
While the attorneys in the case have agreed to a maximum sentence of 10 years, Hudson has said he will be seeking probation for his client.
Brown will make a sentencing decision based on probation reports and facts from the April 20 hearing. If he decides that 10 years in prison is insufficient, Vargas will have the opportunity to withdraw his plea.
Voluntary manslaughter while using a firearm normally carries a sentence of up to 21 years in prison.
Galliani said her brother agreed to the plea arrangement in part to spare other victims and McNeill’s family. “A lot of them would have to testify. He knows it would be really hard on everybody,” she said.
Aaron Vargas did not tell his family until after the shooting that he’d been molested as a child by the friendly man who owned an appliance store and lived next door.
He told them McNeill began molesting him while they were on a fishing trip when Vargas was 11 years old. McNeill continued to psychologically harass Vargas into adulthood, the Vargas family said.
McNeill would drop by the house Vargas shared with his fiancee at all hours, call frequently and ask to baby-sit Vargas’ newborn daughter, his sister said.
Galliani believes her brother snapped on the night he drove to NcNeill’s home outside of Fort Bragg carrying a .44 caliber cap and ball pistol.
The men argued and Vargas shot McNeill once in the chest, then stayed at the home for 20 minutes to make sure he was dead, preventing Liz McNeill from phoning for help, law enforcement officer said.
After the shooting, Vargas disassembled the gun and divulged his accusations for the first time.
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