Boy, 15, gets 7 years for role in pot heist

Published 12:00 am Saturday, July 14, 2018

Prosecutor Matt Nelson told the judge that he shouldn’t be referring to 15-year-old defendant Brandon Perez Rodas as “Mr. Rodas.”

“He should be ‘Brandon,’” Nelson told Deschutes County Circuit Judge Stephen Forte. “He should be in high school right now, worrying about prom and other things. However, he made the choices he made.”

Moments later, Forte approved a prison sentence for Rodas of 7½ years for his role in a botched marijuana heist and shooting in January that Forte called “beyond stupid.” Under Oregon’s Second Look program, Rodas can be considered for early release after serving half the sentence.

Rodas’ co-defendant, Israel Antunez Garcia, described as the shooter in the incident, was recently sentenced to 10 years.

Details of the heist-gone-wrong emerged Thursday at Rodas’ sentencing in Deschutes County Circuit Court. He’s one of two juveniles charged as adults in the near-fatal shooting of 16-year-old Trey Evans.

On the evening of Jan. 6, Evans was playing video games in the apartment of Shayne O’Loughlin, 19.

According to Nelson, Rodas, Garcia and friend Jesus Constantino Salvador-Diego hatched a plan to rob O’Loughlin of his marijuana. Garcia showed off a loaded handgun for the two others.

Salvador-Diego drove Rodas and Garcia to O’Loughlin’s apartment at 2500 NW Regency St., Nelson said. Once inside, they discussed with O’Loughlin buying marijuana. As a ruse to leave the apartment, Garcia said he needed to get his wallet.

In the apartment hallway, they discussed what to do with Evans, whom they didn’t anticipate being at the apartment.

The judge told Rodas at his sentencing this would have been an excellent time to back out of the plan.

“You could have been a leader,” Forte said. “Instead, you were a follower.”

In the hallway, Rodas volunteered to use brass knuckles to take care of Evans, while Garcia held up O’Loughlin, according to the Deschutes County District Attorney’s Office.

The two boys re-entered the apartment, and Rodas punched Evans in the head, knocking him to the ground, Nelson said.

As Nelson was recounting the facts of the case to the court, Rodas called out that he didn’t hit Evans.

Rodas’ lawyer, Jonathan Char, advised him to not interrupt, and Nelson continued. He said that as Evans and Rodas were struggling on the ground, Garcia trained his weapon on O’Loughlin and demanded his marijuana. O’Loughlin refused, and Garcia fired a warning shot into a nearby bed.

Garcia demanded the marijuana again, and fired the gun, hitting Evans in the chest, piercing his heart, lungs and liver.

“He actually did die for a brief period of time, but thanks to the life-saving efforts of the St. Charles staff, he is with us today,” Nelson said.

Rodas and Garcia grabbed all of O’Loughlin’s marijuana — 1 ounce — and fled, with Garcia firing one more shot into the apartment, according to Nelson. Salvador-Diego drove them away with his headlights out.

Rodas had turned 15 days earlier.

Through negotiations with the district attorney, Rodas agreed to serve 7½ years in exchange for pleading guilty to attempted first-degree assault, attempted first-degree robbery and unlawful use of a weapon.

Though he received an adult prison sentence, he’ll serve it in facilities of the Oregon Youth Authority until he turns 18, at which point, he’ll transfer to an adult facility in the Oregon Department of Corrections system.

Rodas wrote an apology letter that Forte read, but it was not read aloud. His sentencing was attended by his mother and a younger brother and sister.

In attendance was Trey Evans’ father, Eric Evans, who attended nearly all of Rodas’ and Garcia’s court dates. He asked Forte to give Rodas 10 years in prison — the same amount Garcia received.

“You went into that apartment after choosing to slip on those brass knuckles. You then chose to hit my son repeatedly on the head and neck until his memory faded,” Eric Evans said. “I hope you can take time in prison to learn from what you did, because what you did that night was horrible.”

— Reporter: 541-383-0325, gandrews@bendbulletin.com

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