Arizona Republic from Phoenix, Arizona • Page 5

B2 SATURDAY, JANUARY 8, 20(H) VALLEY STATE Hie Arizona Republic Police officer's son sentenced to year in jail in drive-by incident Minor league baseball player charged in neighbor's death By Christina Iionard The Arizona Republic Juan Garza Jr. was never charged in the shooting death of his 14-year-old friend Eric Shu-tack. And although a judge told Garza on Friday that he couldn't punish him for that death, he said he had to take it into account when sentencing Garza in another shooting involving friends. "It is relevant," Maricopa County Superior Court Judge Mark Aceto said. "This is the second of irresponsible uses of a firearm." Aceto sentenced Garza, the son of a Phoenix police officer, to one year in jail and five years' intensive probation.

As part of an agreement, the 18-year-old pleaded guilty to ag-gravated assault for a Jan. 20 drive-by shooting in Gilbert that he said was intended only to scare his friends. On Friday, witnesses tried to persuade the judge that jail or prison time would only harm Garza and that the teen had matured since the incident and planned to join the military. "Basically, I turned from a kid into a man in a matter of seconds," a tearful Garza told the judge. "This is my chance.

I want to be a model citizen." Aceto said Garza is changing, but "lacks insight into the seriousness of his conduct." Instead of serving a lengthy prison sentence, Garza will be eligible for work furlough after four months in the county jail. He will also be enrolled in a substance-abuse program and required to do community service. A judge and grand jury both declined to proceed with charges against Garza in the death of Shutack, saying it was an accidental shooting. Garza was handling his father's .357 Magnum revolver and reportedly playing police officer when he shot Shutack in July 1997. Eric's father, Larry Shutack, said Friday's sentencing was "probably about as good as we could expect but I would have like to see more prison time." Reach the reporter at Christina.LeonardArizona Republic.com or (602) 444-7972.

By Christina Iixmard The Arizona Republic Fabio Evelio Gomez told officers that after a stray cat wandered into his apartment and scratched his 9-month-old child, he beat it to death with a baseball bat. But Chandler police believe the blood splattered throughout the minor league baseball player's home belongs to Joan Morane, a 36-year-old Arizona State University student. Her body was found in a trash bin Dec. 3. Police believe Gomez may have forced Morane out of her apartment during broad daylight, sexually assaulted her and then bludgeoned her to death, according to police reports released Friday.

Gomez, 31, lived in an adjacent apartment in the 1200 block of West Parklane Boulevard. He has been charged with first-degree murder. Morane last spoke with her boyfriend about 3:20 p.m. on Dec. 2.

Two hours later, a neighbor called police after hearing crying and screaming coming from an apartment. Police couldn't find anybody inside. A few apartments over, a friend reported Morane missing about 7 p.m. after she found Morane's door unlocked and her lights and heater on. "She just knew this was a sign that something was seriously wrong," the reports state.

While officers checked for Morane throughout the night, one noticed Gomez carrying an inflatable raft down the stairs, police said. He later noticed what appeared to be bloodstains on the raft inside Gomez's car. Once inside Gomez's apartment, officers found bloodstains on the carpet, drops on linoleum and smears on walls. Gomez explained to police that he had killed a cat and thrown it in a nearby trash bin. Officers could not locate the dead animal, they said.

But in another trash bin the next day, they found Morane's body. Gomez grew up in the Dominican Republic and has played for several minor league teams in the Chicago Cubs, Seattle Mariners and Colorado Rockies organizations. Police said Gomez even bragged of being the cousin of Cubs home run king Sammy Sosa but is merely an acquaintance. "Fabio is a nobody who wants to be a somebody," Detective Gary Fuller said. "So he uses the name of a famous countryman to get his foot in the door." Reach the reporter at Christina.LeonardArizona Republic.com or (602) 444-7972.

HEART I Recipient's death is linked to chicken pox POTTED SILK PLANT WITH ANY PURCHASE 'MUST PRESENT AD' ONE PEA AD EXPIRES 11400 1 4, From l'age HI University Medical Center performed its first heart transplant in 1979. Since then, it has done more than 500. After his first heart transplant, Mendoza developed graft arteriosclerosis, a form of chronic rejection. The condition required that he receive another transplant in 1984 and a third in 1996. His plight caught the public's attention, prompting Jack Weck-esser of Glendale to raise $3,000 for Mendoza through a Grand Canyon hike fund-raiser.

Copeland said Mendoza's death was a blow to him and his staff. "Everybody really loved David," the surgeon said. "We felt like he was our adopted child or something. When he was growing up, it was was fun to see him take on responsibility and earn a living." Mendoza worked as a counselor for the state. His parents, who live in Scotts-dale, could not be reached for comment.

Throughout his medically troubled life, Mendoza maintained a quick wit and a sense of humor. Once, after being sedated for a transplant surgery, Mendoza awoke to realize his chest bore no fresh incision because a donor heart turned out to be unsuitable. "Gosh, Copeland's a miracle worker; he did it without an incision," Mendoza quipped to the medical staff. "He kept us laughing all the time," Copeland said. "He was just a great kid." Reach the reporter at kerry.fehr-snyderArizona Republic.com or (602) 444-8975.

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Norman Katz and Jay Bloom asked a judge to drop eight of the criminal counts against Whittle, saying that they are redundant. For example, Counts 3 and 4 are for head injuries to Megan, the only girl. There are two injuries, but doctors testified that they could have happened at the same time. That should be one count, the lawyers argued. They also asked the judge to drop four counts of failing to get medical care for the quads, or let Whittle serve those sentences concurrently, saying there was no evidence that she purposely did not get help.

But Judge Roger Kaufman of Maricopa County Superior Court suggested that Whittle knew her babies were hurt because of testimony that they were in obvious pain, particularly Anthony, who was hurt the worst, and Megan, who could not straighten a leg without screaming. Prosecutors urged that the number of counts remain intact. Kaufman said he will rule Tuesday, the same day Whittle, 25, and her husband, Anthony Perez, are to be sentenced. They were convicted in November. Perez, 23, was found guilty of four counts of failing to protect his children.

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