Nov. 15—A 13-year-old boy convicted of a May 13 shooting death at a Sonic restaurant in Keene received a 12-year sentence on Tuesday.
County Court at Law No. 1 Judge John Neill ordered the boy committed to the "care, custody and control" of the Texas Juvenile Justice Department with a possible transfer to the Texas Department of Criminal Justice when he reaches the age of 18.
Jurors in County Court at Law No. 1 on Oct. 5 deliberated for nearly seven hours before returning a finding of delinquent conduct — the juvenile equivalent of a guilty verdict — against the boy on a charge of murder.
The boy's attorney, Seth Fuller, opted to have Neill, rather than jurors, determine the boy's sentence.
The boy, whose name is not being published as he is a juvenile, faced a sentencing spectrum ranging from probation to 40 years.
Testimony on the sentencing portion of the boy's trial commenced earlier this month but ran longer on the first day than expected. Challenges with coordinating the schedules of those needing to attend the sentencing phase delayed hearings until Tuesday.
Keene police responded to a shooting on May 13 at the Keene Sonic on Old Betsy Road.
They arrived to find a 32-year-old male, later identified as Matthew Davis of Keene, lying in the parking lot, the victim of multiple gunshot wounds.
Officials transported Davis to a Fort Worth hospital where he was declared deceased.
Police subsequently determined that the boy arrived at the Sonic that night with his siblings and uncle and aunt.
The uncle, Angel Gomez, 20, became disorderly, according to police reports, and was confronted by Davis, a Sonic employee.
Testimony during the boy's trial revealed that Gomez, after going through the Sonic drive thru, exited his vehicle to relieve himself to the consternation of Davis and another Sonic employee.
The discussion between Gomez and Davis became physical at which time the boy exited the vehicle with a gun given to him by his aunt, Ashley Gomez, 18. The boy proceeded to shoot Davis six times.
Fuller unsuccessfully argued defense of others in the boys defense during his trial and, after his conviction, lobbied for probation rather than incarceration.
Angel Gomez has been charged with murder and making a firearm accessible to a child. Ashley Gomez has been charged with manslaughter in connection with Davis' shooting death. Disposition of their cases remains pending.