http://www.recordnet.com/apps/pbcs.dll/article?AID=/20080520/A_NEWS/805200322/-1/A_NEWS02
STOCKTON - The attorney for one of two Tracy-area men sentenced to 219 years to life in prison on Monday told the judge that he would immediately appeal on grounds that the long term is cruel and unusual punishment.
Stockton attorney John Schick represented Pardeep Singh, 37, who was convicted along with Kulwant Gadri, 41, in a 2006 drive-by shooting that injured several men standing outside an Indian restaurant on Pacific Avenue.
Schick and attorney Jay Childs, who represented Gadri, maintained their clients are innocent.
"If you don't think 219 years isn't cruel and unusual punishment, I don't know what is," said Schick, leaving the courtroom of San Joaquin County Superior Court Judge Richard Mallett. He suggested a better punishment: "I think 25 years to life gets the message across."
A jury found Singh and Gadri both guilty in March of being passengers in a silver BMW late on May 14, 2006, and opening fire at a group of seven men standing outside the Sansar Indian Cuisine restaurant. In the shooting, all but one man was injured.
Among the injuries, one man was struck in the face and neck, while another was hit in the foot. Handing down the sentences, Mallett said it was fortunate nobody was killed in the bloody scene.
Mallett also denied a request for a new trial, saying that a jury heard the evidence and decided to find the defendants guilty on seven counts of attempted first-degree murder among other things.
"They heard it all. They made a decision," Mallett said of the jury's verdict. "I don't second-guess it."
San Joaquin County Deputy District Attorney Robert Martinelli argued in the trial that the defendants opened fire seeking retaliation because earlier that day they were kicked out of a Punjabi sporting event at the Arch Airport Sports Complex for being drunk and unruly.
Martinelli said the defendants deserved the long sentences because they were convicted of trying to kill seven men.
"These people did something that is much more serious than shooting at one person," Martinelli said. "They shot into a crowd."
In court, several of the shooting victims sat quietly watching, filling a row of seats in the courtroom. They sat opposite relatives of both defendants, who quietly sobbed as the judge announced the long prison terms.
None of the observers on either side or the two defendants wanted to speak during the hearing.
John Gill, 44, was the lone shooting victim who came out of the violent incident without any injuries. He runs a trucking company based in Woodland and is a prominent leader in the local Punjabi community. Gill spoke briefly outside the courtroom.
"Finally justice is served," Gill said. "That's all I have to say."
STOCKTON - The attorney for one of two Tracy-area men sentenced to 219 years to life in prison on Monday told the judge that he would immediately appeal on grounds that the long term is cruel and unusual punishment.
Stockton attorney John Schick represented Pardeep Singh, 37, who was convicted along with Kulwant Gadri, 41, in a 2006 drive-by shooting that injured several men standing outside an Indian restaurant on Pacific Avenue.
Schick and attorney Jay Childs, who represented Gadri, maintained their clients are innocent.
"If you don't think 219 years isn't cruel and unusual punishment, I don't know what is," said Schick, leaving the courtroom of San Joaquin County Superior Court Judge Richard Mallett. He suggested a better punishment: "I think 25 years to life gets the message across."
A jury found Singh and Gadri both guilty in March of being passengers in a silver BMW late on May 14, 2006, and opening fire at a group of seven men standing outside the Sansar Indian Cuisine restaurant. In the shooting, all but one man was injured.
Among the injuries, one man was struck in the face and neck, while another was hit in the foot. Handing down the sentences, Mallett said it was fortunate nobody was killed in the bloody scene.
Mallett also denied a request for a new trial, saying that a jury heard the evidence and decided to find the defendants guilty on seven counts of attempted first-degree murder among other things.
"They heard it all. They made a decision," Mallett said of the jury's verdict. "I don't second-guess it."
San Joaquin County Deputy District Attorney Robert Martinelli argued in the trial that the defendants opened fire seeking retaliation because earlier that day they were kicked out of a Punjabi sporting event at the Arch Airport Sports Complex for being drunk and unruly.
Martinelli said the defendants deserved the long sentences because they were convicted of trying to kill seven men.
"These people did something that is much more serious than shooting at one person," Martinelli said. "They shot into a crowd."
In court, several of the shooting victims sat quietly watching, filling a row of seats in the courtroom. They sat opposite relatives of both defendants, who quietly sobbed as the judge announced the long prison terms.
None of the observers on either side or the two defendants wanted to speak during the hearing.
John Gill, 44, was the lone shooting victim who came out of the violent incident without any injuries. He runs a trucking company based in Woodland and is a prominent leader in the local Punjabi community. Gill spoke briefly outside the courtroom.
"Finally justice is served," Gill said. "That's all I have to say."
