Gerardo Gomez turned 15 years old on the day in 2007 when he participated in the execution-style killings of three friends and an attack on a fourth victim
NEWARK -- On the day he turned 15 years old in 2007, Gerardo Gomez participated in the execution-style killings of three friends and an attack on a fourth victim in a Newark schoolyard, ultimately leading him to receive a 195-year state prison sentence.
But given the nature of the crimes, a state appeals court on Monday said Gomez's lengthy prison sentence does not shock the judicial conscience.
"And, although we recognize the real-time implications of this extraordinarily long aggregate sentence, we cannot say -- in light of the fact that these despicable acts led to the utterly senseless and untimely demise of three young adults and the infliction of severe injuries to a fourth -- that the sentence is shocking to the judicial conscience," according to the appellate decision.
The appellate panel upheld Gomez's conviction and sentence in the Aug. 4, 2007, shooting deaths of Terrance Aeriel, Iofemi Hightower and Dashon Harvey in the schoolyard behind the Mount Vernon School. Terrance's sister, Natasha Aeriel, was sexually assaulted and shot in the head, but she survived.
Gomez, now 23, formerly of Newark, was convicted of murder, attempted murder and related offenses at his 2012 trial. He was sentenced in January 2013 to 195 years in state prison.
Gomez was the last of six defendants to be convicted in the case.
Three of the co-defendants, Jose Carranza, Alexander Alfaro and Rodolfo Godinez, were previously convicted at separate jury trials. Their co-defendants, Melvin Jovel and Shahid Baskerville, each pleaded guilty. Jovel admitted shooting all four of the victims.
Gomez and his co-defendants collectively received more than 1,000 years in prison. Prosecutors have said the six men had ties to a Central American gang known as MS-13, and that the murders were gang-related.
The appellate decision for Gomez comes as Godinez is scheduled to appear in court on Feb. 8 for a bid to overturn his conviction and 245-year prison sentence.
As part of Gomez's appeal to reverse his conviction, he argued Superior Court Judge Michael L. Ravin improperly allowed certain photos to be admitted as evidence at his trial, the decision states. Those photos depicted him, Alfaro and Baskerville gesturing hand signs that denoted their relationship to MS-13, the decision states.
In addition to the photos, Ravin permitted trial testimony from Baskerville about Gomez's gang membership and the meaning of the hand signs depicted in the photos, the decision states.
The appellate judges agreed with Ravin's ruling to admit the evidence of Gomez's gang membership, saying "the judge applied correct legal principles in an appropriate manner, and that he did not abuse his discretion in admitting this evidence."
The appeals court also rejected Gomez's argument that Ravin erred in admitting evidence of Natasha Aeriel's sexual assault.
During the trial, Aeriel testified about being sexually assaulted, but she could not describe the appearances of her attackers, the decision states. After that testimony, Gomez's attorney objected and expressed concern that jurors might speculate that Gomez participated in the sexual assault.
To address that possible misconception, Ravin granted a defense request for a special jury instruction and advised jurors that "the State does not allege that defendant Gerardo Gomez committed any of these sexual -- sexual conduct on [Natasha]. Indeed, he is not charged with any of that conduct," according to the decision.
As part of his guilty plea, Baskerville admitted to sexually assaulting Aeriel. Carranza was charged in the sexual assault, but he was acquitted of those charges.
Referring to Aeriel's testimony at Gomez's trial, the appellate panel said in its decision that "we find no error in the admission of this testimony because the judge properly -- and with defense counsel's consent -- instructed the jury in a manner that avoided any prejudice to defendant or any speculation by the jury."
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.