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Published June 11, 2012, 08:12 PM

Man receives 18 years for a shooting at West Acres last spring

Fargo, ND (WDAY TV) -- A Cass County judge has sentenced a Dilworth man to 18 years in prison for a shooting at West Acres Theatre last spring.

Fargo, ND (WDAY TV) -- A Cass County judge has sentenced a Dilworth man to 18 years in prison for a shooting at West Acres Theatre last spring.

A jury convicted 44-year-old Felipe Estrada in March of two counts of aggravated assault, and two counts of reckless endangerment.

As soon as he's released, he'll face deportation, since he's not a U.S. citizen.

Judge Wade Webb says Estrada's actions were unreasonable, and that he's not aware of a more violent aggravated assault in the last decade in Cass County Court.

Estrada shot the victim, Juan Garza, 7 times outside the Theatre. Plus, Estrada assaulted Garza's friend, Charlie Roskom, fracturing Roskom's skull. Police say Estrada and Garza were linked to the same woman.

Judge Webb says no matter who initiated the fight, it didn't have to go past a verbal confrontation or fist fight -- but Estrada chose to bring a semi-automatic weapon into the argument.

One big factor in the case - Prosecutors say Estrada still hasn't taken responsibility for his actions. The defense says that may hurt his chance at an appeal.

Prosecutor Gary Euren says, "The overall sentence, when you take a look at it, I calculated it, and it does end up I believe to be 15.9 years, so that's close to what we are asking for and sends a serious message about serious crime."

Defense Attorney Steve Mottinger says, " I cannot with a straight face say his sentence was out of line. Certainly it was longer than we hoped for but it's not our job to sentence."

Estrada's attorney will begin the appeal process tomorrow.

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