Tony Rackauckas, District Attorney
401 Civic Center Drive West
Santa Ana, CA 92701
For Immediate Release
Susan Kang Schroeder
PAROLE DENIED FOR MAN CONVICTED OF MURDER BAR PATRON BY SHOOTING HIM IN FACE AFTER ARGUMENT OVER WOMAN
SANTA ANA – The Board of Parole Hearings (Board), California Department of Corrections and Rehabilitation denied the parole today a man who murdered another man outside of a bar by shooting him in the face after an argument over a woman. Alberto Aguilera, 51, is currently being held at California Men’s Colony in San Luis Obispo, CA. Following the crime, Aguilera was found guilty by a jury and sentenced for one felony count of second degree murder with a sentencing enhancement for the personal use of a firearm. That conviction was later overturned on appeal and Aguilera was subsequently convicted by a second jury on Dec. 17, 2011. He was sentenced June 14, 2002, to 19 years to life in state prison. Senior Deputy District Attorney Carolyn Carlisle prosecuted the re-trial of this case.
Orange County Senior Deputy District Attorney Stephan Sauer appeared at the hearing to oppose Aguilera’s parole. The Orange County District Attorney’s Office (OCDA) maintained that Aguilera is a continued threat to society based on the nature of the crime and his failure to accept responsibility for his actions. Aguilera will be eligible for his next parole hearing in 2016.
Murder of Jose Perez
At approximately 1:40 a.m. on July 1, 1995, Aguilera was became involved in a verbal argument over a woman with Jose Perez at a bar in Santa Ana. Aguilera left the bar and waited outside for the victim to leave. When Perez walked outside, the inmate approached him and murdered the victim by shooting him in the face. The inmate then turned and walked away. Two police officers responding to a nearby call heard the shots and turned to see the victim fall to the ground. They observed the inmate lower his firearm and “nonchalant[ly] turn and walk towards a parked car.”
Failure to Accept Responsibility and Lack of Remorse
The OCDA’s Parole Opposition letter states, “Over the years the inmate has repeatedly tried to minimize his culpability for the offense, first by denying any involvement in it at all, and then by claiming he acted in self-defense.” The letter continues, “The inmate’s various versions of events have become progressively more self-serving, while at the same time becoming less consistent with the actual facts.”
Aguilera has changed his story multiple times and has failed to express remorse for murdering the victim. He falsely claims that he acted in self-defense and blames the victim for the crime.