A former Cloverdale vineyard foreman on trial for the 2009 slaying of his cousin admitted his involvement Tuesday in a plea bargain carrying a nine-year prison term.
Augustin Alvarez-Pe?, 43, faced 50 years to life if convicted of murdering Santos Alvarez, 24, at the Cooley Lane ranch where they both worked.
Alvarez-Pe? was believed to have shot the younger man in an argument over 60 pounds of marijuana they planned to sell. He then fled to Mexico.
But after more than two weeks of trial that included testimony from an eye-witness, Alvarez-Pe? accepted a deal in which he admitted a lesser charge of voluntary manslaughter in exchange for the lighter sentence.
Prosecutor Jason Riehl said he settled for less than a murder conviction in part because of evidentiary concerns but also because Alvarez-Pe? may have argued he acted in self-defense.
The defendant rejected an earlier offer to serve 16 years, he said.
"As the evidence plays out in certain cases, sometimes it gets better than expected," Riehl said. "Sometimes it stays the same or gets worse. We have to make that evaluation."
Alvarez-Pe?'s lawyer, Keith Faulder, said his client was factually innocent despite his no-contest plea. He suggested the prosecution's chief witness did the killing and said Alvarez-Pe? ran when he found out he was being accused by a "wealthy vineyard owner."
But Faulder said the risk of a long prison sentence was not one his client was willing to take.
"I wanted to fight on believing it was the right thing to do and believing we would win but I did not have to serve any time in prison if I were wrong," Faulder said in an email. "I understood and supported his decision from that standpoint."
Alvarez-Pe? will be sentenced April 25.
His boss of 10 years, Brett Domenichelli, testified that he saw Alvarez-Pena shoot Santos on Oct. 16, 2009 at the ranch.
Domenichelli said he drove up and found the men in a heated argument over the division of marijuana packaged in large bags on a barn floor.
He said Santos shoved Alvarez-Pe? in the face and made a comment about his mother before the other man pulled a pistol from his waistband and fired twice.
Domenichelli said he wrestled the gun away from his foreman and went to call police. That's when Alvarez-Pe? fled.
He remained at large for nearly four years before being arrested in Jalisco, Mexico. He was extradited to Sonoma County and charged with murder.
But the case was not a slam-dunk. Riehl said there was nothing to corroborate Domenichelli's account of what happened. Also, he said forensic test results delivered after the trial started showed none of Alvarez-Pe?'s DNA on the gun.
Complicating matters were fading memories of events that happened more than four years ago, Riehl said.
"We knew we had certain issues," Riehl said.
Plea bargaining continued as a jury was seated until both sides could agree on the terms of a deal.
"Ultimately, we got a result we feel good about," Assistant District Attorney Christine Cook said.
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