The one-year mark of a shooting of two Bellevue teens passed at the end of March. Over a year later, David L. Santistevan, the Bellevue man convicted of shooting John Marshall Hooten and Tyrel Peak in an alley, faced his sentence last week in 5th District Court in Hailey.
"I ask you to consider the sentence that Marshall Hooten has been given. Marshall Hooten has been given a life sentence. He may never walk again," said Justin Whatcott, Blaine County prosecutor, during a sentencing hearing Friday, April 8.
Instead of a life sentence, 5th District Judge Robert Elgee handed Santistevan a sentence 10 years shy of the maximum penalty. Elgee ordered Santistevan to serve a 35-year sentence, with 22 years fixed and 13 years indeterminate, in the Idaho State penitentiary.
In December, a jury found Santistevan guilty of two counts of attempted murder in the second degree and guilty of one count of use of a firearm in the commission of a crime. The verdict was delivered for shooting Hooten and Peak with a 9-mm handgun on March 29, 2004, in an alley behind the Silver Dollar Saloon, in central Bellevue.
Santistevan faced a maximum 45-year penalty for the crimes. At the sentencing hearing Friday, prosecutors pursued the maximum penalty.
Whatcott called Santistevan "a time bomb waiting to go off." In his statement, Whatcott alleged Santistevan had a tendency towards cowardly and explosive behavior.
"When the verdict was read in this case, what did he do? He exploded," Whatcott said.
At the sentencing, Santistevan sat stoically, in contrast to his behavior at the December trial.
Santisteven's defense attorney, Keith Roark, painted a different picture of Santistevan.
"Once the horrible genie of violence has been let out of its vessel it can not be put back easily," Roark said.
Roark emphasized Santistevan's years of contributions to society by teaching music to young people.
"A man's life is more than two minutes in a dark alley," he said.
Following Roark's statement, Santistevan stood to address to the court.
"I truly and deeply apologize for having to be here," Santistevan said. "I would give my life to change the past."
His apology extended to his previous actions in court.
"Your honor, I want to apologize. When the verdict was read, I disrupted the courtroom and I want to apologize for that.
"I am 47 years old and I know what I did and I know why," he continued. "I did what I thought I needed to do to defend my life. I have always been proud of my accomplishments. I am proud of my family. I want to apologize to everybody that has to be here today."
Following Santistevan's statement, Elgee called a 10-minute recess and then returned with his decision.
"I am proud of you to be able to say you are sorry to the family. It is apparent you have a good side," Elgee said to Santistevan.
Elgee then turned to focus on what he called Santistevan's "dark side," a side filled with alcohol abuse and anti-social behavior, evidenced by a history of misdemeanor charges.
"I think there are two sides to you Mr. Santistevan. One that gets arrested from time to time and boils over, and one who can sit quietly and play music," Elgee said.
Elgee also pointed to Santistevan's actions following the crime and the severity of the injuries inflicted on the victims.
"The one difference between this case and a murder case are the heroic efforts of the medical community," Elgee said before handing down the sentence.
Elgee sentenced Santistevan to serve 11 years fixed in the Idaho State Penitentiary for the first count of attempted second-degree murder of Hooten. He then issued 11 years fixed in the Idaho State Penitentiary for the second count of attempted second-degree murder of Peak, and 13 years "indeterminate" for the use of a firearm. The terms are to be served consecutively.
A hearing for restitution, estimated by the prosecution at $1,508,431, is scheduled for May 16.
A civil suit filed against Santistevan by the Peak family and Hooten for damages is also pending. The civil case is scheduled Oct. 31 for a jury trial.
